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Statement of Need: The final rule removes certain limitations on H-2B employers and adopts streamlining measures in order to facilitate the lawful employment of foreign temporary nonagricultural workers. The final rule also addresses concerns regarding the integrity of the H-2B program and sets forth several conditions to prevent fraud and protect laborers’ rights. The final rule will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program.

Summary of the Legal Basis: The H-2B classification applies to aliens who are coming to the United States to perform nonagricultural labor or services of a temporary nature. INA section 101(a)(15)(H)(ii)(b); 8 U.S.C. 1101(a)(15)(H)(ii)(b).

Alternatives: This rule does not propose alternatives to minimize impacts. What cost increases occur due to the revised requirements are not expected to significantly affect entities and thus will not have a measurable impact on their ability to carry out their business activities.

Anticipated Costs and Benefits: This rule eliminates the “extraordinary circumstances” restriction on periods of temporary need longer than one year and provides that such a period could last up to three years. This change will greatly benefit employers that utilize the H-2B program and that often need workers for specific long-term, but temporary projects. The fee impacts of this rule are neutral. Only those petitions received before the maximum annual number is reached are adjudicated and the fee check deposited. Petitions not received before the maximum annual number is reached are rejected. Because the total number of H-2B visas available per year will not increase and the total number of workers requested already greatly exceeds the number of H-2B visas available, fees will not increase because there will be no increase in Form I-129 filings that are processed.

Risks: None. The amendments to the regulations affecting H-2B nonimmigrant workers and their U.S. employers are designed to improve the efficiency and effectiveness of the H-2B nonimmigrant classification while ensuring that the rights and interests of U.S. and H-2B workers are protected.