U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023.
As part of a joint temporary final rule issued at the end of 2022, the U.S. Department of Homeland Security and the U.S. Department of Labor increased the number of available H-2Bs from 66,000 to 130,716 for FY 2023.
The additional H-2B visas were divided into four groups: (1) first half of FY 2023: 18,216 immediately available visas limited to returning workers; (2) early second half of FY 2023 (April 1 to May 14): 16,500 visas limited to returning workers; (3) late second half of FY 2023 (May 15 to September 30): 10,000 visas limited to returning workers; and (4) entirety of FY 2023: 20,000 visas reserved for nationals of El Salvador, Guatemala, and Honduras (Northern Central American countries), and Haiti.
USCIS indicated that it would continue to accept filings for Group 4, and, beginning April 13, 2023, accept filings for Group 3.
Ogletree Deakins’ Immigration Practice Group will continue to monitor these and other policy developments and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.
