On Wednesday, October 12, 2022 the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will issue regulations that will make available to employers 64,716 additional temporary worker visas nonfarm H-2B visas for fiscal year 2023, in addition to the 66,000 H-2B visas that are normally available each fiscal year. By making these additional visas available at the start of the fiscal year, which began October 1, 2022, DHS is moving quickly to meet employers' needs for additional seasonal workers.

"The Department of Homeland Security is moving with unprecedented speed to meet the needs of American businesses,” said Secretary of Homeland Security Alejandro N. Mayorkas. “At a time of record job growth, this full year allocation at the very outset of the fiscal year will ensure that businesses can plan for their peak season labor needs.

The H-2B supplemental includes an allocation of 20,000 visas to workers from Haiti and the Central American countries of Honduras, Guatemala, and El Salvador. This advances the Biden Administration’s pledge, under the Los Angeles Declaration for Migration and Protection, to expand legal pathways as an alternative to irregular migration. This is also consistent with the joint commitment President Biden and President López Obrador of Mexico made in July to work together to broaden opportunities for seasonal and circular labor and ensure that migration is a choice and not a necessity. This is one of many ways that the United States and Mexico are partnering to manage migration and fuel economic growth, as discussed in the bilateral working group on labor mobility.

American businesses in industries as varied as hospitality and tourism, landscaping, seafood processing, and more depend on seasonal workers to meet demand from consumers. The supplemental visa allocation will address the need for seasonal workers in areas where too few U.S. workers are available, helping contribute to the American economy.

In addition to the 20,000 visas reserved for nationals of Haiti and the Northern Central American countries, the remaining 44,716 supplemental visas will be 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 regulation will allocate these remaining supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season."

HL/ HaitiLibre