Numerical Limits On Non-Agricultural Workers H2B Visas - JD Supra

In an effort to address the growing demand for H-2B visas, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have collaborated to introduce a temporary rule for FY 2024. This rule will increase the number of H-2B visas by an impressive 64,716, with 20,000 of these visas specifically allocated for individuals from countries such as Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. However, these additional visas will only be granted to businesses that can demonstrate significant harm or imminent damage.

To further support H-2B workers, the rule also includes provisions for temporary portability flexibility. This means that these workers will have greater flexibility when it comes to changing employers while their H-2B petition is being processed.

The DHS and DOL are actively seeking feedback on the new information collection Form ETA-9142B-CAA-8, and comments will be accepted until January 16, 2024. This demonstrates their commitment to transparency and ensuring that all stakeholders have a voice in the process.