DHS/DOL Rule on Returning Workers

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint rule making available an additional 30,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2019. These supplemental H-2B visas are available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years (FY 2016, 2017, or 2018), and availability is restricted by prioritizing only those businesses who would suffer irreparable harm without the additional workers.

Starting May 8, 2019, eligible petitioners can file Form I-129, Petition for a Nonimmigrant Worker, seeking these additional H-2B workers and must submit a supplemental attestation on Form ETA 9142-B-CAA-3 (PDF) with their petition. Details on eligibility and filing requirements are available in the final rule and on the Increase in H-2B Nonimmigrant Visas for FY 2019 page

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