H-2B Visas And The Making Of An 'Ultra Vires' Regulation

Law360, New York (July 25, 2017, 1:51 PM EDT) -- H-2B visas for temporary nonagricultural workers are normally an obscure backwater topic in immigration law. Few lawyers know how to work them. They rarely make the news, unless the news is scandalous[1] or is about President Donald Trump[2].

Unlike H-2A visas for temporary agricultural workers, which have no annual numerical cap, H-2B visas are capped at 66,000 per year. Due to this fixed supply, increasing demand from landscapers, hotels, restaurants and seafood processors has caused the cap to be hit earlier and earlier each year, leaving employers without badly needed workers[3].

In some prior years, a statutory workaround existed to help...

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