Last week, the Department of Homeland Security made an announcement in regards to adding visas for temporary nonagricultural workers in an effort to help American businesses that are at risk of failing due to a lack of sufficient, qualified, and available U.S. workers. Each fiscal year, the Department of Homeland Security accepts 66,000 H-2B visa petitions. However, as a result of the lack of available American workers, they have decided to accept an additional 15,000 H-2B temporary non-agricultural worker visas.

The Secretary of Homeland Security Kirstjen M. Nielsen stated that the decision to add so many more visas despite the Congressional cap was made because she believes that the H-2B program should be reformed so it doesn’t hurt American businesses. “The limitations on H-2B visas were originally meant to protect American workers, but when we enter a situation where the program unintentionally harms American businesses it needs to be reformed.”

Anyone who wishes to petition for an H-2B visa should submit Form 1-129 as soon as possible. With their petition, individuals must also submit a supplemental attestation using Form ETA 9142-B-CAA-2. It is important to note that these petitions will only be available to employers until September 30, 2018.

If you have questions about filing an H-2B visa petition, contact our firm today.

The Law Offices of Cheryl R. David practices immigration law throughout New York City. Our experienced attorneys understand how much is at stake when legal matters arise. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.