The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of over 64,000 additional H-2B temporary nonagricultural worker visas for the fiscal year 2023. These additional H-2B visas are for U.S. employers looking for additional workers at certain periods of the fiscal year, prior to Sept. 15, 2023.

The supplemental H-2B visa allocation includes an estimated 44,700 visas for returning workers who previously received an H-2B visa in any one of the last three fiscal years. The remaining 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The statutory semiannual cap authorized under the Immigration and Nationality Act (statutory cap) of 33,000 visas for the first half of FY 2023 was reached on Sept. 12, 2022.

The supplemental H-2B visas have been divided into the following allocations:

• For employers seeking nationals of El Salvador, Guatemala, Honduras, and Haiti: There are 20,000 visas reserved for the entire FY 2023. Employers requesting an employment start date in the first half of FY 2023 may file those petitions starting Dec. 15, 2022. Employers requesting an employment start date in the second half of FY 2023 must file those petitions no earlier than 15 days after the second-half statutory cap is reached.
• For the first half of FY 2023: There are 18,216 immediately available visas limited to returning workers without any country of nationality requirements. These petitions require an employment start dates on or before Mar. 31, 2023. Employers requesting an employment start date in the first half of FY 2023 may file such petitions starting Dec. 15, 2022.
• For the early second half of FY 2023 (Apr. 1 to May 14): There are 16,500 visas limited to returning workers regardless of country of nationality. These early second half of FY 2023 petitions must have an employment start date between Apr. 1, 2023, to May 14, 2023. Employers must file these petitions no earlier than 15 days after the second-half statutory cap is reached.
• For the late second half of FY 2023 (May 15 to Sept. 30): There are 10,000 visas limited to returning workers regardless of country of nationality. These late second half of FY 2023 petitions must request employment start dates from May 15, 2023, to Sept. 30, 2023. Employers must file these petitions no earlier than 45 days after the second-half statutory cap is reached.

This is the first time DHS and DOL made a single rule that makes H-2B supplemental visas available for several allocations throughout the entire fiscal year, including an allocation for the late second half.

In order for employers to access these additional H-2B visas, the need must be proven. Without the workers, the employers must prove they would or are suffering irreparable harm without the additional workers. Needs can be seasonal, temporary, peak times, or intermittent requirements. In addition, employers must prove they have completed the required search for U.S. workers to perform the temporary work. The final rule for the DHS and DOL requires protections for H-2B workers from exploitation and abuse.

Petitions for these additional allocations of H-2B visas per this rule must be filed at the California Service Center. Other restrictions apply.

If you have questions about the H-2B visa or any other immigration-related issue, please contact us. We actively monitor ongoing updates to immigration policy to ensure our clients get the right advice.