The Department of Homeland Security (DHS) announced yesterday a one-time increase of 15,000 additional visas available to low-wage, seasonal workers under the H-2B visa program for the remainder of this fiscal year. This decision represents a 45% increase in the annual H-2B cap Congress has set at 66,000. This final rule, created by the DHS after consulting with the Department of Labor (DOL), requires petitioners to attest, under the penalty of perjury, that their businesses are likely to suffer irreparable harm if unable to employ H-2B nonimmigrant workers during this fiscal year. They must also provide documentation proving that they would not be able to meet their contractual obligations otherwise.
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