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Immigration Law

DOL's Response to Requests to Raise the H-2B Visa Cap

DOL, Apr. 1, 2021

"The Department of Labor recognizes that obtaining a reliable workforce is crucial to meeting the labor needs of American businesses. We also recognize how important it is to put Americans back to work.

On Dec. 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law. This act authorizes the Secretary of Homeland Security, after consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers in Fiscal Year (FY) 2021 if American businesses’ needs cannot be met with qualified, willing, and able U.S. workers. The Department of Labor will help inform the Department of Homeland Security’s decision whether to increase the number of H-2B visas available during FY 2021.

While the current cap for H-2B visas has been met for FY 2021, we encourage every employer seeking workers to visit the almost 2,400 American Job Centers (AJC) nationwide to find and hire talented workers, as well as to train and retain qualified workers. Additionally, the Department recognizes the incredible value of our nation’s veterans and encourages tapping into their skills and talents. There are Veteran Employment Representatives in every AJC across the country who can assist businesses and veterans with their employment needs. You may also consider working with the Department’s Veterans Employment and Training Service to facilitate recruitment efforts in the veteran community.

We understand the importance of this issue to both American workers and American employers. We will continue working collaboratively with our partners at DHS in an ongoing effort to ensure effective operation of the H-2B program."