The Department of Homeland Security and Department of Labor jointly announced the addition of 30,000 H-2B temporary worker visas for fiscal year 2019. These additional visas are available only to returning workers who received an H-2B visa or were granted H-2B status in the past three fiscal years. The returning worker visas will prioritize those businesses that submit an attestation to USCIS in which the petitioner affirms, under penalty of perjury, that if the petitioning employer does not receive all of the H-2B workers requested under the cap increase, the employer is likely to suffer irreparable harm. The rule defines irreparable harm to be permanent and severe financial loss. No evidence is required to show this need at the time of filing, but the employer will have to present the evidence as requested by the Department of Homeland Security, Department of Labor or Department of State.
