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DHS and DOL Increases the Cap for H-2B Visas by 15,000

On July 17, DHS and the DOL issued a temporary rule increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of fiscal year (FY) 2017. To file for one of these additional H-2B visas, a petitioner must meet all existing H-2B eligibility requirements. In addition, petitioners must submit an attestation (and keep the paperwork evidence) that if they do not receive the requested workers under the cap increase, they will likely suffer irreparable harm or a permanent and severe financial loss. In addition to the recruitment already conducted, employers with current labor certifications containing a start date before June 1, 2017, must conduct a fresh round of recruitment for U.S. workers.