WASHINGTON — The Department of Homeland Security and the Department of Labor are issuing a temporary final rule that makes available 64,716 additional H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023. These supplemental H-2B visas are for United States employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 15, 2023.

“The Department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs,” said Secretary of Homeland Security Alejandro N. Mayorkas. “At a time of record job growth, these visas will also provide a safe and lawful pathway to the United States for noncitizens prepared to take jobs that are not filled by American workers.”

The supplemental H-2B visa allocation consists of roughly 44,700 visas 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. The remaining 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The statutory semiannual cap authorized under the Immigration and Nationality Act of 33,000 visas for the first half of FY 2023 was reached on Sept. 12, 2022. 

The supplemental H-2B visas have been divided into the following allocations:

• For employers seeking nationals of El Salvador, Guatemala, Honduras, and Haiti: There are 20,000 visas reserved for the entirety of FY 2023. Employers requesting an employment start date in the first half of FY 2023 may file such petitions starting Dec. 15, 2022. Employers requesting an employment start date in the second half of FY 2023 must file such petitions no earlier than 15 days after the second half statutory cap is reached.
• For the first half of FY 2023: There are 18,216 immediately available visas limited to returning workers regardless of country of nationality. These petitions must request employment start dates on or before Mar. 31, 2023. Employers requesting an employment start date in the first half of FY 2023 may file such petitions starting Dec. 15, 2022.
• For the early second half of FY 2023 (Apr. 1 to May 14): There are 16,500 visas limited to returning workers regardless of country of nationality. These early second half of FY 2023 petitions must request employment start dates from Apr. 1, 2023, to May 14, 2023. Furthermore, employers must file these petitions no earlier than 15 days after the second half statutory cap is reached.
• For the late second half of FY 2023 (May 15 to Sept. 30): There are 10,000 visas limited to returning workers regardless of country of nationality. These late second half of FY 2023 petitions must request employment start dates from May 15, 2023, to Sept. 30, 2023. Furthermore, employers must file these petitions no earlier than 45 days after the second half statutory cap is reached.

This is the first time the departments have issued a single rule making available H-2B supplemental visas for several allocations throughout the entire fiscal year, including an allocation for the late second half.

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the U.S. The employment must be for a limited period of time; the petitioner must have a temporary need for services or labor to be performed, i.e., a one-time occurrence, peak load need, seasonal need, or intermittent need. The departments are soliciting comments from the public on their implementation of the H-2B supplemental authority in this rule.

For more information, visit uscis.gov.