Relief for Maine H-2B Employer Stakeholders: U.S. DOL, DHS release 30,000 H-2B Visas Nationally for Returning Foreign Workers

May 9, 2019

Contact: Jorge Acero Maine Department of Labor Jorge.A.Acero@maine.gov 207-623-7928

For Immediate Release: May 9, 2019

Relief for Maine H-2B Employer Stakeholders: U.S. DOL, DHS release 30,000 H-2B Visas Nationally for Returning Foreign Workers Maine employers now have another chance to apply for H-2B*, or nonagricultural nonimmigrant temporary worker visas: The Secretary of Homeland Security has decided, after consultation with Secretary of the U.S. Department of Labor, to increase the H-2B cap for FY 2019 by up to 30,000 additional visas.

The visas are for American businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their respective petitions before the end of FY 2019.

"Temporary workers are necessary for many Maine businesses, especially during our state's busy summer months," Maine Department of Labor Commissioner Laura Fortman said. These additional visas could help Maine employers fill gaps in their workforce, helping them continue to thrive. I encourage qualifying businesses who are still looking to hire nonagricultural, nonimmigrant temporary workers to consider taking advantage of these additional visas.

Qualifying Maine employers with current Foreign Labor Certifications must:

Submit an attestation on required Form ETA-9142-B-CAA- simultaneously with the visa petition I-129 form to the United States Citizenship and Immigration Services. Place a job order on the local job bank for 5 days. If employers Maine JobLink account is inactive please contact the Maine JobLink at 207-623-7967. Job Order must meet the requirement of Job Order content for H-2B related recruitment. Place one newspaper advertisement during the period the job order is active. Newspaper ad must meet the requirement of Job Order content for H-2B related recruitment.

The temporary rule requires an employer to conduct additional recruitment of U.S. workers when it submits a request to the U.S. Department of Homeland Security for H-2B visas made available by the regulation, if the employer submits that request to DHS more than 45 days after the start date of need listed on the temporary labor certification issued by U.S. DOL.

The temporary rule also requires that, for purpose of the FY 2019 one-time increase, any H-2B nonimmigrants falling under this cap increase be limited to returning workers who were issued an H-2B visa or were otherwise granted H-2B status in FY 2016, 2017, or 2018.

This attestation must be submitted to the United States Citizenship and Immigration Services along with Form I-129, in support of an H-2B application subject to the H-2B cap, before the end of Fiscal Year 2019.

The Office of Foreign Labor Certification (OFLC) has published Form ETA-9142-B-CAA-3 and the accompanying instructions in support of the temporary rule, titled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program."

The temporary rule was published in the Federal Register on May 8, 2019, with an immediate effective date. The attestation is also available on the Forms and Instructions section of the OFLC website found at: https://www.foreignlaborcert.doleta.gov/form.cfm.

*H-2B is a nonagricultural nonimmigrant temporary worker visa.

Maine Department of Labor is an equal opportunity provider. Auxiliary aids and services are available to individuals with disabilities upon request.

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