Posed on February, 4th, 2025 on uscis.gov
ALERT: As of Jan.7, 2025, USCIS has received enough petitions to reach the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2025 with start dates on or before March 31, 2025, under the FY 2025 H-2B supplemental visa temporary final rule.
We (U.S. Citizenship and Immigration Services) will reject and return any cap-subject petitions received after Jan.7, 2025, for H-2B returning workers with start dates on or before March 31, 2025, together with any accompanying fees. Read more: Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2025.
On Dec. 2, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025.
These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.
This rule authorizes H-2B supplemental visas for the entirety of FY 2025. To assist U.S. businesses that need workers to begin work on different start dates, the supplemental visas will be distributed in several allocations, including two separate allocations for the second half of FY 2025. See “Allocation of Supplemental Visas” below.
Of the 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last 3 fiscal years). The remaining 20,000 visas are set aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement. See “Who Can Petition for the Additional Visas” below. To qualify for the additional 64,716 visas, petitions must be received at the filing location designated at the time of filing, which is currently the Texas Service Center, by Sept. 15, 2025.
This increase is based on time-limited statutory authority that does not affect the H-2B program in future fiscal years.
This increase in the cap is in accordance with sections 101(6) and 106 of Division A, Title I of the Continuing Appropriations and Extensions Act, 2025, Public Law 118-83, which extended the authorization previously provided in section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public Law 118-47 , which gave the secretary of DHS the authority to make available additional H-2B visas for FY 2025. Before authorizing the additional visa numbers, the secretary of homeland security, in consultation with the secretary of labor, considered the needs of businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program. In addition to addressing the needs of businesses with these supplemental visas, recognizing the critical importance of protecting H-2B workers from exploitation and abuse, the Departments are actively engaged in reform efforts. For more information, see the Oct. 19, 2023, the H-2B Worker Protection Taskforce, convened by the White House, report announcing new actions to be taken by four federal agencies—DHS, DOL, Department of State, and the U.S. Agency for International Development (USAID)— to strengthen protections for vulnerable workers. On December 18, 2024, the Department of Homeland Security (DHS) published a final rule that will modernize and improve the H-2 nonimmigrant visa programs, and will, among other things, allow qualified U.S. employers who are unable to hire qualified U.S. workers to petition for foreign nationals to more quickly and efficiently fill temporary or seasonal agricultural and nonagricultural jobs. The final rule will go into effect on January 17, 2025.
Posted on January 6th, 2025 by the Department of Labor
To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) published the assignment group(s) for 8,759 H-2B applications covering 149,953 worker positions with the start date of work of April 1, 2025.
Following the randomization procedures published in the Federal Register on March 4, 2019, OFLC completed the randomization process on January 4 and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. Group A includes enough worker positions to reach the H-2B semi-annual visa allotment of 33,000.
On January 4, 2025, OFLC provided written notice to each employer (and the employer's authorized attorney or agent) informing them about the Assignment Group for their application(s).
An H-2A Visa is for non-immigrant workers to perform temporary or seasonal work in agriculture.
The H-2A Visa program provides an essential pathway for foreign nationals to work in the U.S. agricultural sector on a temporary or seasonal basis. This program addresses labor shortages by allowing U.S. employers to hire non-immigrant workers for agricultural tasks that cannot be filled by domestic workers. Temporary Worker Visas, like the H-2A Visa, offer a crucial solution for farms and agricultural businesses needing reliable labor during peak seasons.
To qualify for the H-2A Visa, employers must demonstrate that there are insufficient U.S. workers who are willing, able, and qualified to perform the required agricultural work. Additionally, they must show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Work Visa Consulting services can be invaluable in navigating the complexities of the H-2A application process. These experts assist both employers and workers in understanding the requirements and ensuring compliance with regulations. Agricultural Worker Visas, such as the H-2A, play a critical role in maintaining the efficiency and productivity of the U.S. agricultural industry.
H-2A Visa Information › › ›
An H-2B Visa is for temporary employment of immigrants for labor other than agriculture.
The H-2B Visa program is a vital resource for U.S. employers looking to hire foreign nationals for temporary, non-agricultural labor. This visa program addresses workforce shortages by allowing businesses to employ immigrants for seasonal, peak load, or intermittent needs. Temporary Worker Visas, such as the H-2B Visa, provide a legal pathway for foreign workers to fill essential roles in industries like hospitality, construction, landscaping, and more.
To qualify for the H-2B Visa, employers must demonstrate that there are not enough U.S. workers who are able, willing, and qualified to perform the temporary work. Additionally, employers must prove that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Work Visa Consulting services can be incredibly helpful in navigating the complexities of the H-2B application process. These experts assist employers and workers in understanding eligibility requirements, completing necessary documentation, and ensuring compliance with immigration regulations. Agricultural Worker Visas like the H-2B play a critical role in maintaining the vitality of many U.S. industries outside the agricultural sector.
H-2B Visa Information › › ›
An H-2A Visa is for non-immigrant workers to perform temporary or seasonal work in agriculture.
The H-2A Visa program provides an essential pathway for foreign nationals to work in the U.S. agricultural sector on a temporary or seasonal basis. This program addresses labor shortages by allowing U.S. employers to hire non-immigrant workers for agricultural tasks that cannot be filled by domestic workers. Temporary Worker Visas, like the H-2A Visa, offer a crucial solution for farms and agricultural businesses needing reliable labor during peak seasons.
To qualify for the H-2A Visa, employers must demonstrate that there are insufficient U.S. workers who are willing, able, and qualified to perform the required agricultural work. Additionally, they must show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Work Visa Consulting services can be invaluable in navigating the complexities of the H-2A application process. These experts assist both employers and workers in understanding the requirements and ensuring compliance with regulations. Agricultural Worker Visas, such as the H-2A, play a critical role in maintaining the efficiency and productivity of the U.S. agricultural industry.
H-2A Visa Information › › ›
An H-2B Visa is for temporary employment of immigrants for labor other than agriculture.
The H-2B Visa program is a vital resource for U.S. employers looking to hire foreign nationals for temporary, non-agricultural labor. This visa program addresses workforce shortages by allowing businesses to employ immigrants for seasonal, peak load, or intermittent needs. Temporary Worker Visas, such as the H-2B Visa, provide a legal pathway for foreign workers to fill essential roles in industries like hospitality, construction, landscaping, and more.
To qualify for the H-2B Visa, employers must demonstrate that there are not enough U.S. workers who are able, willing, and qualified to perform the temporary work. Additionally, employers must prove that hiring H-2B workers will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Work Visa Consulting services can be incredibly helpful in navigating the complexities of the H-2B application process. These experts assist employers and workers in understanding eligibility requirements, completing necessary documentation, and ensuring compliance with immigration regulations. Agricultural Worker Visas like the H-2B play a critical role in maintaining the vitality of many U.S. industries outside the agricultural sector.
H-2B Visa Information › › ›