by John Ariale, Husch Blackwell Strategies

On February 15, the President signed into law a funding bill for several federal agencies including the Department of Homeland Security. The funding package includes the same H-2B discretionary language as last year, which gives DHS the authority, in consultation with DOL, to increase the H-2 cap for fiscal 2019 to 135,320 (66,000 + 69,320 - the number of H-2B returning worker visas or H-2Rs issued in FY 2007). This is the same language that was in effect for fiscal 2017 and 2018. It is disappointing that Congress did not mandate a cap increase; however, in this political climate getting any H-2B cap relief signed into law is a significant achievement. As we look ahead, we are working with Administration to free up as many additional visas as possible under the authority enacted in the law. During the past two years, the Department has only released 15,000 extra visas despite the demonstrated need of the H-2B community. It should also be noted that as of 2/19/19, DHS reported that 30,000 visas of the 33,000 prescribed by law for the second half of this fiscal year have been approved or are pending. Clearly the cap will be reached shortly and the Department must be ready to release additional visas as soon as H-2B employers exhaust the current limit.

John Ariale | Principal   
HUSCH BLACKWELL STRATEGIES  
jariale@hbstrategies.us  
www.hbstrategies.us