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DHS/USCIS RIN: 1615-AC82 Publication ID: Fall 2022 
Title: ●Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change 

The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2023 authority and increasing the total number of noncitizens who may receive an H-2B nonimmigrant visa by up to, but no more than, a total of 64,716 for the entirety of FY 2023. To assist U.S. businesses that need workers to begin work on different start dates, the Departments have decided to distribute the supplemental visas in several allocations, including two separate allocations for the second half of fiscal year 2023. Out of the total 64,716 visas made available in this rule, the Departments have decided to reserve 20,000 visas for nationals of Guatemala, El Salvador, Honduras, or Haiti. The Departments will make the 20,000 visas for nationals of Guatemala, El Salvador, Honduras, or Haiti available without regard to prior H-2B status, but the Departments will make the remainder of the supplemental visas available only to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022. The Departments will make all 64,716 visas available only to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making the additional 64,716 visas available under the FY 2023 time-limited authority, DHS is exercising its general H-2B regulatory authority to again provide temporary portability flexibility by allowing H-2B workers who are already in the United States to begin work immediately after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS, and before it is approved.

Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 8 CFR 214.2(h)    8 CFR 274a.12    20 CFR part 655, subpart A    29 CFR part 503     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. secs. 1101(a)(15)(H)(ii)(b), 1184(c)(1), (c)(14), and 1324a    secs. 101(6) and 106 of Division A, Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023, Pub. L. 117-180 (Sep. 30, 2022)    sec. 204 of Division O, Consolidated Appropriations Act, 2022, Pub. L. 117-103 (Mar. 15, 2022)   
Legal Deadline:  None
Action Date FR Cite
Temporary Final Rule  12/15/2022  87 FR 76816   
Temporary Final Rule Comment Period End  02/13/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1205-AC14  Related Agencies: Joint: DOL; 
Agency Contact:
Charles Nimick
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000