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Immigration Law

DHS/DOL Add More H-2B Visas; Too Few, Too Late?

DHS, Jan. 27, 2022

"The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. These visas are for U.S. employers that are facing irreparable harm without additional workers and seeking to employ additional workers on or before March 31, 2022. ... The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, El Salvador, Guatemala, and Honduras. ... The joint temporary final rule can be found in the Federal Register."

[NOTE: With respect to the "irreparable harm" requirement, see my 2017 Law360 Expert Analysis - Opinion, "H-2B Visas And The Making Of An 'Ultra Vires' Regulation," here.  Still fresh as a daisy, unfortunately.]