Yesterday, the departments of Homeland Security and Labor published a temporary final rule increasing the H-2B cap for fiscal year 2019 by an additional 30,000 visas. The additional H-2B visas are available only to employers who attest that they will likely suffer irreparable harm without the ability to employ all the H-2B workers requested in their petition. In addition, these visas are available only for returning workers who received an H-2B visa or were granted H-2B status in one of the last three fiscal years. As in previous years, this increase is based on a time-limited statutory authority and does not affect the H-2B program in future fiscal years. On Wednesday, May 8th, USCIS began accepting petitions for these supplemental H-2B visas and will continue accepting petitions until the supplemental cap has been reached or September 16, 2019, whichever is sooner. Employers who are eligible for H-2B visas under the supplemental cap must submit Form I-129F, along with a temporary labor certification and attestation form ETA 942 B CAA-3, to USCIS. On the attestation form, the employer must affirm that its business will likely suffer irreparable harm if it cannot hire all the requested H-2B workers before the end of the fiscal year. Additionally, employers must attest that each worker they requested and/or instructed to apply for an H-2B visa is a returning worker. Same as last year, irreparable harm is defined as permanent and severe financial loss. There are a few things that ELA members should be aware of when assisting clients to apply for these additional H-2B visas. First, petitioners who file an I-129 petition 45 or more days after the certified start date of work on the temporary labor certification must conduct a fresh round of recruitment for US workers. Secondly, petitioners must retain evidence and records demonstrating that...
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H 2b cap fy 2024 Form: What You Should Know
April 1, 2019. The increase does not affect any pending H-2B petitions from workers who started employment with an employer on Oct. 1, 2018.
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