DHS to accept petitions for additional H-2B visas

By: NTRA

Posted: May 6, 2019

The Untied States Department of Homeland Security has announced it will begin accepting petitions May 8 for 30,000 additional H-2B visas restricted to returning workers for fiscal 2019. Rules set to be published in that day’s Federal Register include the following language:

“Starting on the expected date of May 8, 2019, eligible petitioners seeking additional H-2B workers can file Form I-129, Petition for a Non-immigrant Worker, and must submit a supplemental attestation on Form ETA 9142-B-CAA-3 with their petition.” Details on eligibility and filing requirements are available in the final rule and at USCIS.gov.

The supplemental H-2B visas are available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years (2016, 2017, or 2018), and availability is restricted by prioritizing only those businesses that would suffer irreparable harm without the additional workers.

“We applaud the Department of Homeland Security and Department of Labor for this joint rule making available an additional 30,000 H-2B temporary non-agricultural worker visas for Fiscal Year 2019,” NTRA President and Chief Executive Officer Alex Waldrop said. “Even though these supplemental H-2B visas are available only to returning workers and there is an irreparable harm limitation, many Thoroughbred trainers will no doubt qualify for these visas because of the labor shortage that is now the norm on racetrack backstretches.”

We urge Congress to pass legislation to permanently and significantly expand the number of H-2B visas made available on an annual basis.”

(Photo courtesy of PTHA)