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DHS/USCIS | RIN: 1615-AC82 | Publication ID: Fall 2023 |
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 | |
Abstract:
The Secretary of Homeland Security, in consultation with the Secretary of Labor, exercised his time-limited Fiscal Year (FY) 2023 authority and increased 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 distributed 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 reserved 20,000 visas for nationals of Guatemala, El Salvador, Honduras, or Haiti. 20,000 visas are available for nationals of Guatemala, El Salvador, Honduras, or Haiti without regard to prior H-2B status, but the remainder of the supplemental visas are available only to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022. All 64,716 visas are 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 exercised 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. This temporary final rule published on December 15, 2022. |
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Agency: Department of Homeland Security(DHS) | Priority: Section 3(f)(1) Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 8 CFR 214.2(h) 8 CFR 274a.12 20 CFR 655, subpart A 29 CFR 503 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 8 U.S.C. 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 |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: https://www.regulations.gov | Public Comment URL: https://www.regulations.gov |
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 |