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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS