Immigration Law

H-2B Temporary Rule Published in FR (July 19, 2017)

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 - "The Secretary of Homeland Security (‘‘Secretary’’), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H–2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of Fiscal Year (FY) 2017. This is a one-time increase based on a time-limited statutory authority and does not affect the H–2B program in future fiscal years. The Departments are promulgating regulations to implement this determination. DATES: This final rule is effective from July 19, 2017 through September 30, 2017, except for the addition of 20 CFR 655.65, which is effective from July 19, 2017 through September 30, 2020."

Editor's Note and Full Disclosure: A significant portion of my practice involves representing H-2B employers.  In my view, the 'irreparable harm' attestation requirement is ultra vires and should be challenged in court. - Daniel M. Kowalski