This is the first year a TFR has been published covering both H-2B cap periods, so the Department is reminding employers who may now be considering accessing authorized the supplemental visas about those protections, flexibilities and requirements. workers, flexibility for foreign workers, and additional recruitment requirements for certain employers. The TFR provides additional protections for U.S. View the TFR, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers.These 20,000 visas will be available for petitioners requesting an employment start date before the end of FY 2023, up to and including September 30, 2023. To assist employers needing workers to begin work during the late spring and summer seasons in the fiscal year, these petitions must request a date of need starting on or after May 15, 2023.ĭHS will make available 20,000 additional visas that are reserved for foreign nationals of the Northern Triangle countries, or Haiti, as attested by the petitioner (regardless of whether such nationals are returning workers). For the late second half of FY 2023, DHS will make available an additional allocation of 10,000 visas limited to returning workers.These petitions must request a date of need starting on or after April 1, 2023, through and including May 14, 2023. For the second half of FY 2023, DHS will initially make available 16,500 visas limited to returning workers.These petitions must have requested a date of need starting on or before March 31, 2023.
workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality). For the first half of FY 2023, DHS made 18,216 visas immediately available upon publication of this TFR on December 15, 2022, limited to returning workers ( i.e.The FY 2023 cap has been allocated in the following manner: Of the 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, and Haiti. On December 15, 2022, the Department of Labor (Department) and Department of Homeland Security (DHS) published a temporary final rule (TFR) increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 64,716 additional visas for Fiscal Year (FY) 2023 positions to employers that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase (“FY 2023 cap”). The Department of Labor Reminds Employers About Requirements for Fiscal Year 2023 Supplemental H-2B Visas Tap to join from a mobile device (attendees only)ĭial can also dial 207.182.190.20 and enter your meeting number. The webinar will discuss the methodology behind the new AEWR rule and prepare examples of how it will be applied.
The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides an overview of the New Adverse Effect Wage Rate (AEWR) Rule and gives the stakeholder community an opportunity to familiarize itself with the regulatory changes. OFLC Announces Webinar on April 4th, 2023, to Inform Stakeholders on the New Adverse Effect Wage Rate (AEWR) Rule
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