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USCISRulemakingUSCIS-2022-0015

Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers

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National Association of Home Builders filed 1 comment on this docket between Feb 15, 2023 and Feb 15, 2023. 0 other organizations filed here. The comment window closed 1261d ago.

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Feb 15, 2023· Comment Submitted by National Association of Home Builders· USCIS-2022-0015-0019

On behalf of the National Association of Home Builders of the United States, we are pleased to submit the attached comments in response to the Department of Homeland Security (DHS) and Department of Labor (DOL) (collectively referred to as the "Departments"), temporary rule to Increase the Numerical Limitation for FY 2023 for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers that was published in the Federal Register on Dec. 15, 2022 (87 Fed. Reg. 76,816). As interested stakeholders in this regulatory activity, NAHB urges the Departments to consider the following recommendations as it proceeds with this and subsequent rulemakings regarding this subject.

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Abstract

The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2023 authority and increasing the total number of noncitizens who may receive an H-2B nonimmigrant visa by up to, but no more than, a total of 64,716 for the entirety of FY 2023. To assist U.S. businesses that need workers to begin work on different start dates, the Departments have decided to distribute the supplemental visas in several allocations, including two separate allocations for the second half of fiscal year 2023. Out of the total 64,716 visas made available in this rule, the Departments have decided to reserve 20,000 visas for nationals of Guatemala, El Salvador, Honduras, or Haiti. The Departments will make all 64,716 visas available only to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making the additional 64,716 visas available under the FY 2023 time-limited authority, DHS is exercising its general H-2B regulatory authority to again provide temporary portability flexibility by allowing H-2B workers who are already in the United States to begin work immediately after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS, and before it is approved.

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