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Writer's pictureDarren Heyman

Employers May File H-2B Petitions for FY 2023 Late Second Half Returning Workers

Updated: Jun 20, 2023

Starting April 13, 2023, USCIS will begin accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023 under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.

Contact Darren Heyman, immigration attorney, for more information.




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