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Original Date Announced
May 31, 2018The Secretary of Homeland Security, in consultation with the Secretary of Labor, issues a temporary final rule increasing the limit on H-2B nonimmigrant visas to authorize up to an additional 15,000 through the end of FY 2018. This increase will not affect the H-2B program in future fiscal years. [ID #513]
DHS Announces Additional Visas for Foreign Workers to Assist American Businesses at Risk of Failing Federal Register-Temporary Rule: Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultlural Worker ProgramEffective Date
May 31, 2018Subsequent Trump-Era and Court Action(s)
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May 6, 2019
DHS, DOL to Publish Joint Rule for Additional Visas for Returning Foreign Workers
DHS and DOL announce that they will publish a joint temporary final rule making available an additional 30,000 H-2B Visas for FY 2019, that are available only to workers who were granted H-2B status during one of the last three fiscal years.
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May 8, 2019
Exercise of Time-Limited Authority To Increase the Fiscal Year 2019 Numerical Limitation for the H–2B Temporary Nonagricultural Worker Program
DHS and DOL publish a joint temporary final rule making available an additional 30,000 H-2B Visas for FY 2019, that are available only to workers who were granted H-2B status during one of the last three fiscal years.
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March 5, 2020
DHS announced additional 35,000 visas available for H-2B workers during the second half of 2020
DHS announces an additional 35,000 visas will be available for H-2B foreign temporary nonagricultural workers during the second half of fiscal year 2020.
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April 2, 2020
DHS Twitter Post on H2B Visas
On April 2, 2020 DHS reported that no additional H-2B visas would be released until further notice.
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Biden Administration Action: Modified
April 20, 20212021.04.20 DHS to Make Additional 22,000 Temporary, Non-Agricultural Worker Visas Available
This Biden administration policy modifies the Trump-era policy identified in this entry.
On April 20, 2021, DHS announced that it would make available 22,000 temporary, non-agricultural worker visas available under the H-2B category in the following months. DHS noted: "6,000 of these visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala."
View DocumentBiden Administration Action: Modified
May 25, 20212021.05.25 Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers
This Biden administration policy modifies the Trump-era policy identified in this entry.
On May 25, 2021, DHS, in consultation with the Secretary of Labor, published a temporary final rule allowing for the issuance of up to 22,000 additional H-2B visas in FY2021. The rule also temporarily allows applicants who are already in the United States to begin work as soon as USCIS receives their application, rather than waiting for approval.
View DocumentBiden Administration Action: Modified
March 31, 20222022.03.31 DHS and DOL to Supplement the H-2B Cap with Additional Visas for Second Half of Fiscal Year 2022
This Biden administration policy modifies the Trump-era policy identified in this entry.
On March 31, 2022, DHS and DOL announced that they would issue a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2022.
View DocumentBiden Administration Action: Proposed Revocation/Replacement/Modification
November 3, 20232023.11.03 DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for FY 2024
This Biden administration policy proposes changes to the Trump-era policy identified in this entry.
On November 11, 2023, DHS and DOL announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2024, in addition to the 66,000 H-2B visas which are congressionally mandated. The announcement noted that, "The H-2B supplemental is expected to include an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras," plus an additional 44,716 visas that will be available to "returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years."
View DocumentBiden Administration Action: Modified
November 17, 20232023.11.17 Exercise of Time-Limited Authority To Increase the Numerical Limitation for FY 2024 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for H–2B Workers Seeking To Change Employers
This Biden administration policy modifies the Trump-era policy identified in this entry.
On November 17, 2023, DHS and DOL officially issued the supplemental H-2B visas announced on November 3, 2023. The final rule clarifies that additional visas will be made available "only to businesses that are suffering or will suffer impending irreparable harm, as attested by the employer." The rule also extends the previously granted portability flexibility, which allows those with valid H–2B status to begin work with a new employer after an H–2B petition is filed and before the petition is approved.
View DocumentCurrent Status
Fully in EffectMost Recent Action
November 17, 2023 Action: Modified 2023.11.17 Exercise of Time-Limited Authority To Increase the Numerical Limitation for FY 2024 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for H–2B Workers Seeking To Change EmployersApril 20, 2021Acted on by Biden Administration
May 25, 2021Acted on by Biden Administration
March 31, 2022Acted on by Biden Administration
November 3, 2023Acted on by Biden Administration
November 17, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-Based