Here is the form . Here are the instructions . [And here is my 2017 opinion on the matter.]
OFLC, Dec. 1, 2022 "The Department of Labor (Department) published the current H-2B regulations, Temporary Non-Agricultural Employment of H-2B Aliens in the United States , as an interim final rule with the Department of Homeland Security (DHS) on April...
Daniel Costa, Economic Policy Institute, Aug. 18, 2022 " Data from United States Citizenship and Immigration Services shows that there were nearly 117,000 H-2B workers in 2021 , and the program is projected to grow to more than 150,000 workers in 2022...
Aishvarya Kavi, New York Times, Mar. 31, 2022 "The Biden administration, responding to an increasing demand for temporary workers, announced on Thursday that it would make an additional 35,000 seasonal worker visas available for American businesses to...
Kristin Schwab, Marketplace, Dec. 21, 2021 "For the first time, the federal government is expanding the cap on H-2B visas available for the winter season — by 60%. For employers looking to hire seasonal workers on or before March 31, some 20,000 extra visas...
Patricia Cohen, Sydney Ember, New York Times, Aug. 2, 2021 "Tyler Holt summed up the problem his Utah landscaping business faces every year. “People who want to be in the job force want stability — if they want to work, they work full time,” he said. “Locally...
To understand what is wrong with the DHS/DOL Joint Temporary Final Rule adding 22,000 H-2B visas to the quota (6,000 reserved for nationals of the "Northern Triangle" countries of Honduras, El Salvador, and Guatemala), see my July 25, 2017 Law360 Expert...
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...
David J. Bier, Feb. 16, 2021 "Since 1952, American employers have hired H-2B foreign guest workers to fill seasonal or temporary jobs that U.S. workers have not taken. Onerous rules kept participation low until the late 1990s, but as more Americans left...
DOL, Sept. 16, 2020 "After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Weaver Racing Inc. and owner George R. Weaver paid a total of $425,000 in court-ordered back wages, liquidated damages and civil penalties for violations...
Jason Blevins, The Colorado Sun, Apr. 14, 2020 "When Gov. Jared Polis ordered the state’s ski areas to close on March 14, he also launched Ana Panessi into a frantic race to get home. It was a race she did not win. “So many people, they were able to run...
GAO, Apr. 1, 2020 "H-2B visas are intended to help employers fill certain jobs (i.e. landscaping, seafood processing) when no U.S. workers are available. The number of visas is capped and they're generally first come, first served. Employers told us...
In a 40-page letter dated Feb. 22, 2019 and endorsed by hundreds of employers and organizations, the H-2B Workforce Coalition urged DHS Sec. Nielsen and DOL Sec. Acosta to immediately release the full number of additional H-2B visas authorized by the Fiscal 2019...
Cyrus Mehta, July 24, 2017 - "On July 19, 2017, the Trump administration increased the H-2B cap from 66,000 to 81,000 by promulgating a final rule . H-2B visas are annually capped at 66,000 under the law. Due to an increase in demand of essential workers...
Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal...