DHS and DOL Temporary Final Rule Increasing the H-2B Cap for FY2019

Joint DHS and DOL temporary final rule increasing the H-2B cap for FY2019 by an additional 30,000 visas. Employers will be able to request these supplemental visas only for workers who were issued an H-2B visa or otherwise granted H-2B status in FY2016, 2017, or 2018. The rule is effective from 5/8/19 through 9/30/19, with the exception of document-retention provisions which are effective from 5/8/19 through 9/30/22. DOL released Form ETA-9142-B-CAA-3, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act. Comments on the form will be accepted until 7/8/19. (84 FR 20005, 5/8/19)


8 CFR Part 214

[CIS No. 2646–19; DHS Docket No. USCIS–2019–0008]

RIN 1615–AC38


Employment and Training Administration

20 CFR Part 655

[DOL Docket No. ETA–2019–0002]

RIN 1205–AB95

Exercise of Time-Limited Authority To Increase the Fiscal Year 2019 Numerical Limitation for the H–2B Temporary Nonagricultural Worker Program

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security and Employment and Training Administration and Wage and Hour Division, Department of Labor.

ACTION: Temporary rule.

[This functionality does not work on your device. Please use the download button to access the PDF. A separate PDF reading app may be necessary.]

Cite as AILA Doc. No. 19050630.

Open the Document