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56 LC DBM I n f o r m a t i o n R e q u e s t # 7 0 3 Among the provisions affecting the H-2B program that were included in this year's omnibus spending bill were: returning workers that have held H-2B status in the last three years will now be exempt from the annual cap of 66,000 workers allowed into the country; private wage surveys can be used to help determine fair wages; seasonal is now defned as 10 months instead of nine. Advice for employers on how to navigate the H-2B process: "Start early and be prepared to go back and forth with the government. H-2B comes with a long list of requirements so the more prepared you are, knowing the types of positions you want to fll, knowing the number of individuals you are looking to hire, and having a good reason that you are not able to obtain the U.S. workers helps streamline the process and make it easier for a company as it gets into the back and forth with the DOL. That way you are not also fghting against the fact that the numbers allowed in the cap are dwindling. How law frms help employers: "We work with them to get the prevailing wage request submitted, to get the necessary recruitment advertisement placed, to organize the fling to make sure we have all the intended employees listed, all the necessary documentation, so we can submit a complete petition to the USCIS so their individuals can be accepted into the cap and then go for their visa applications." If the new ruling that returning H-2B workers need not be counted against the cap will cause more paperwork headaches: She chuckles. "Just a little bit, because you have to show that they were here with H-2B status in the past three years and maybe not with your company." H-2B H-2B H - 2 B update Cynthia Yarbrough, an immigration attorney for Fisher and Phillips LLP's Global Immigration Practice Group, based in Atlanta, to fnd out more about current H-2B issues. LC/DBM reached out to Fiscal Year 2016 H-2B Cap Counts Cap Type Cap Amount Benefciaries Approved Benefciaries Pending Total Benefciaries 1 Date of Last Count 1 st Half of FY (10/1-3/31) 33,000 23,171 11,824 34,995 02/15/2016 2nd Half of FY (4/1-9/30) 33,000 2 129 129 02/15/2016 1 This number exceeds the actual cap to allow for withdrawals, denials, and approvals for which no visa is issued. 2 USCIS will make unused cap numbers from 1st Half of FY available for use for 2nd Half of FY