USCIS Reaches H-2B Visa Cap for the First Half of FY 2025

USCIS Reaches H-2B Visa Cap for the First Half of FY 2025

The U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the cap for the additional 20,716 H-2B returning worker visas allotted for the first half of fiscal year (FY) 2025. The final receipt date for petitions requesting supplemental H-2B visas under this allocation was January 7, 2025.

This development follows the Biden administration’s announcement in November 2024 of an additional 64,000 H-2B visas aimed at helping U.S. employers meet peak seasonal demand in industries such as hospitality, tourism, and seafood. The supplemental allocation was designed to support businesses that rely heavily on temporary non-agricultural workers during high-demand periods.

Opportunities Still Available for Employers

Although the cap for the first half returning worker allocation has been reached, employers still have options to secure H-2B workers. USCIS continues to accept petitions under two categories:

1. Country-Specific Allocation
   An additional 20,000 H-2B visas have been reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. As of January 7, 2025, USCIS has received petitions requesting 3,678 workers under this allocation, meaning visas are still available.
2. Exempt Workers
   Employers may also file petitions for workers who are exempt from the congressionally mandated cap. Exempt workers include individuals who previously held H-2B status in the U.S. or those covered under specific exemptions outlined in the law.

What’s Next for Employers?

Employers whose petitions were not accepted under the first half returning worker cap can still take the following steps:

• File under the country-specific allocation: Employers can submit petitions for workers from eligible countries while visas remain available.
• Prepare for the second half of FY 2025: USCIS will make additional H-2B visas available in two phases:

• Early Second Half (April 1 – May 14, 2025): 19,000 visas for returning workers, regardless of nationality.
• Late Second Half (May 15 – September 30, 2025): 5,000 visas for returning workers, regardless of nationality.

What is the H-2B Visa Program?

The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural roles when there are not enough U.S. workers to fill those jobs. It plays a vital role in supporting seasonal industries such as hospitality, landscaping, construction, and seafood processing. The standard H-2B visa cap is set at 66,000 visas per fiscal year, divided into two halves:

• 33,000 visas for workers starting employment during the first half of the fiscal year (October 1 – March 31).
• 33,000 visas for workers starting employment during the second half of the fiscal year (April 1 – September 30).

To address the high demand for H-2B workers, the government has periodically issued supplemental visas beyond the annual cap. For FY 2025, an additional 64,000 H-2B visas were made available through a temporary final rule (TFR), published on December 2, 2024. These visas are allocated as follows:

• 20,716 visas for returning workers during the first half of FY 2025.
• 20,000 visas for nationals of specific countries (Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras) for the entire fiscal year.
• 19,000 visas for returning workers for the early second half of FY 2025 (April 1 – May 14).
• 5,000 visas for returning workers for the late second half of FY 2025 (May 15 – September 30).

The H-2B visa program remains a crucial tool for U.S. employers seeking seasonal labor. While the cap for the additional 20,716 returning worker visas for the first half of FY 2025 has been reached, opportunities still exist for employers under the country-specific allocation and for exempt workers. With additional visas becoming available in the coming months, employers should stay informed and plan ahead to meet their seasonal workforce needs.

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