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FAM Update re H-2B Returning Worker Exemption (Mar. 7, 2016)

March 09, 2016 (1 min read)


Mar 7, 2016

SUBJECT: Updates to 9 FAM 402.10-4(E) - Guidance on Implementing the H-2B Returning Worker Program

SUMMARY. On December 22, 2015, Congress included in the Consolidated Appropriations Act for Fiscal Year 2016 the reinstatement of the H-2B Returning Worker exemption from the annual numerical cap for H-2B workers. Under this exemption, any H-2B worker who is certified to have been counted toward the annual H-2B cap for FY 2013, 2014, or 2015 is exempt from being counted toward the annual 66,000 H-2B cap for FY 2016. This ALDAC contains guidance to H-2B processing posts on the actions required to adjudicate these cases. The Department updated 9 FAM 402.10-4(E) to reflect these changes. ...