DHS and DOL to Provide 64,716 Additional H-2B Visas for FY 2023

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a temporary final rule. This rule makes 64,716 additional H-2B temporary nonagricultural worker visas available for fiscal year (FY) 2023. Ensuring DHS and DOL coordination, these supplemental visas are for U.S. employers. They need to petition for additional workers during certain periods before September 15, 2023.

Statement from Secretary Mayorkas

“The Department is making additional H-2B visas available earlier than ever, to make sure that American businesses can plan for their peak season labor needs,” said DHS Secretary Alejandro N. Mayorkas. “At a time of record job growth, these visas will also provide a safe and lawful pathway for immigrants prepared to take jobs filled by American workers.” The importance of coordination between DHS and DOL cannot be overstated for ensuring smooth operation of this process. Indeed, DHS and DOL coordination is central to this initiative.

Visa Allocation and Caps

The supplemental H-2B visa grant consists of approximately 44,700 visas for returning workers. This allocation is a result of effective coordination between DHS and DOL to meet labor demands. Such collaboration is vital for addressing labor shortages efficiently.

DHS and DOL — how the departments coordinate on worksite enforcement, visas, and worker protections

The Department of Homeland Security (DHS) and the Department of Labor (DOL) coordinate on the many issues where immigration and labor law overlap — for example, worksite enforcement, protections for migrant workers who report labor violations, and the labor-certification processes that underpin many employment-based visas. A formal Memorandum of Understanding (MOU) governs how the agencies coordinate investigations and limit enforcement actions that could undermine labor-law enforcement. 

How responsibilities are divided

• DOL (OFLC, WHD): issues labor certifications (PERM, H-2A, H-2B), determines prevailing wages, and enforces wage-and-hour and contractor laws. Employers usually need DOL clearance before submitting certain immigration petitions.
• DHS (USCIS, ICE, CBP): adjudicates immigration benefits, enforces immigration law, and adjudicators check that USCIS petitions match DOL-certified positions. 

Critical coordination points

1. Labor certification approvals (OFLC) feed essential documentation for USCIS filings (I-140, etc.). 
2. The DOL–DHS MOU and related policies aim to protect workers who cooperate in labor investigations from enforcement actions that would chill reporting; DHS has also implemented a process for deferred action in certain labor-investigation contexts.
3. Agencies follow consultation and notification steps in the MOU to avoid disrupting active labor enforcement matters.

How we help

We prepare DOL and USCIS filings, ensure job/position consistency across agency submissions, advise on WHD compliance, coordinate protective strategies for cooperating workers, and handle RFEs/appeals tied to labor-certification issues.