The United States Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to reach the cap for additional H-2B visas allocated for returning workers in the early second half of fiscal year 2025. This development underscores the high demand for foreign workers in the US, particularly in temporary non-agricultural occupations.
The H-2B program allows US employers to hire foreign nationals for temporary non-agricultural jobs, provided they meet specific regulatory requirements. The program has a statutory numerical limit, or “cap,” of 66,000 visas per fiscal year, divided into two halves:
– First half (October 1 – March 31): 33,000 visas
– Second half (April 1 – September 30): 33,000 visas
In November 2024, the US government announced plans to make an additional 64,716 H-2B visas available for fiscal year 2025, on top of the congressionally mandated 66,000 visas. This temporary increase aims to address labor shortages and support economic growth.
Key milestones in the H-2B visa application process include:
- March 5, 2025: Final receipt date for new cap-subject H-2B worker petitions requesting employment start dates between April 1, 2025, and October 1, 2025.
- April 18, 2025: Final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 early second-half returning worker allocation.
Changes to H-2B Program Regulations
A new regulation has simplified the H-2B program worker stay restrictions by:
- Eliminating “interrupted” stay provisions: Allowing for more flexibility in worker stays.
- Establishing a 60-day absence time: Resetting the 3-year clock for H-2B workers, enabling them to seek new employment or prepare to leave the US without violating their status.
The high demand for H-2B visas reflects the ongoing labor needs in various US industries. As the US economy continues to evolve, the H-2B program is likely to play a crucial role in addressing labor shortages and supporting economic growth. Employers and foreign workers should stay informed about the program’s regulations, caps, and application processes to navigate the complex immigration landscape effectively.
Here are some key figures related to H-2B visa caps and allocations:
- Total H-2B cap for FY 2025: 66,000 (congressionally mandated) + up to 64,716 (additional visas)
- Returning worker allocation for early second half of FY 2025: 19,000 visas (reached cap)
- Returning worker allocation for first half of FY 2025: 20,716 visas (reached cap)
