USCIS Reaches H-2B Cap for Second Half of 2024

USCIS Reaches H-2B Cap for Second Half of 2024

The U.S. Citizenship and Immigration Services (USCIS) recently confirmed it has reached the congressionally established limit for H-2B visas for the latter half of fiscal year 2024, highlighting a pivotal moment in the administration of temporary visas for non-agricultural workers. To mitigate the impact of labor shortages on U.S. businesses, the USCIS has announced when it will begin accepting applications for additional H-2B visas.

Key Developments in H-2B Visa Program for the Second Half of Fiscal Year 2024

The limit for H-2B visa petitions for the second half of fiscal year 2024 has been met, with March 7, 2024, being the cutoff for accepting new applications targeting employment dates from April 1 to September 30, 2024. Submissions post this date aiming for the mentioned employment period will not be considered.

However, the USCIS will continue to process applications that fall outside this cap, such as those from current H-2B workers in the U.S. seeking to extend their stay, alter their job conditions, or change employers. This exemption also extends to specific job roles and geographic exemptions in the Commonwealth of the Northern Mariana Islands and Guam, effective until December 31, 2029.

Supplemental Visa Allotment for the Second Half of Fiscal Year 2024

Responding to the critical need for H-2B workers, the Department of Homeland Security (DHS) and the Department of Labor (DOL) issued a temporary final rule on November 17, 2023, that allows for an increase of up to 64,716 extra H-2B visas for the entire fiscal year 2024. These additional visas aim to support U.S. businesses experiencing significant harm from the shortage of labor.

The application opening dates for these supplemental visas are as follows:

• Petitions for workers from designated countries for employment from April 1, 2024, to September 30, 2024, will be accepted starting March 22, 2024.
• For employers seeking returning workers in the early part of the second half of FY 2024 (April 1 to May 14), USCIS will accept applications for 19,000 additional visas beginning March 22, 2024.
• Applications for the late second half of FY 2024 (May 15 to September 30) for returning workers will start on April 22, 2024, for an extra 5,000 visas.

Applications under this rule will not be accepted after September 16, 2024, or once the designated cap is reached, whichever comes first.

Upcoming Adjustments in Fees and Form Editions

Significant changes are also on the horizon for H-2B visa application fees and form editions. Effective April 1, 2024, USCIS has updated the fee structure for most immigration applications, including the H-2B visa petitions. Applications submitted from this date must adhere to the new fee schedule and use the updated version of Form I-129, Petition for a Nonimmigrant Worker. USCIS has made a preview of this form available to the public.

The fulfillment of the H-2B cap for the latter half of FY 2024 and the subsequent release of supplemental visa application dates signify a challenging yet opportunistic phase for U.S. businesses reliant on foreign non-agricultural labor. To navigate through this period successfully, employers are advised to closely follow the updated filing deadlines and prepare for the impending fee and form changes. This evolving scenario underscores the continuous efforts to balance the demand for labor with the governance of immigration in the U.S.

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