Good news is on the way for seasonal and short-term employers in need of additional qualified workers, as USCIS and the Department of Labor jointly announced that the H-2B Temporary Non-Agricultural Worker program will undergo a one-time increase in available visas to allow 15,000 additional guest workers for fiscal year 2017. The H-2B guest worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary, non-agricultural jobs if there are not enough U.S. workers able, willing, and qualified to do the available work. The program has proven a critical resource for small and seasonal businesses in need of additional workers to meet their labor needs.

Employers, particularly seasonal employers, have seen a recent decrease in the availability of seasonal workers to meet the fluctuating and peak-season demands of business in vacation destinations and "resort towns." Many attribute this decrease in labor availability to the increasing number of undergraduate students and young workers, who once filled these seasonal "summer" jobs, shifting to pursue career-related paid and unpaid internships. The final rule published on July 19, 2017 provides for a one-time increase in capacity under the H-2B program of 15,000 additional workers, increasing the cap for FY 2017 from 66,000 workers per fiscal year to 81,000. The increase will expire on September 30, 2017.

We are excited by this news, as it not only provides small businesses with access to a larger qualified labor pool, facilitating their ability to meet the needs of their customers, but it also signifies a willingness by the Administration to adjust policy, where-needed, to support American business' labor needs.

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