The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it has reached the H-2B visa cap for the first half of the fiscal year 2025.
As a result, no new H-2B visa petitions for temporary nonagricultural workers will be accepted for employment starting before April 1st, 2025.
According to USCIS, “We have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. September 18th was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1st, 2025.”
The agency has made it clear that new petitions received after this date will be rejected if they seek employment before the specified date.
Understanding the H-2B Visa Program
The H-2B visa program allows U.S. employers to hire foreign workers for temporary, nonagricultural jobs when there are not enough qualified American workers to fill these roles.
This program serves industries such as hospitality, construction, and landscaping.
According to USCIS, the H-2B visa cap is set at 66,000 annually, divided into two equal halves. The first half permits 33,000 visas for workers starting between October 1st and March 31st, while the second half allows another 33,000 visas plus any unused numbers from the first half.
Impact on H-2B Applicants
The announcement by USCIS indicates significant implications for prospective H-2B applicants.
With the cap reached, any new petitions that request an employment start date before April 1st, 2025, will be rejected.
This could create challenges for U.S. businesses that rely on H-2B workers to fill temporary positions, particularly in industries that experience seasonal demand.
Exemptions from the Visa Cap
Certain groups are exempt from the H-2B visa cap. These include:
- Current H-2B workers in the U.S. who extend their stay, change employers, or modify their employment conditions.
- Fish roe processors, fish roe technicians, and supervisors involved in fish roe processing.
- Workers providing services in the Commonwealth of the Northern Mariana Islands and Guam between November 28th, 2009, and December 31st, 2029.
These exemptions allow some flexibility for businesses needing to adjust their workforce without being hindered by the cap.
Recommendations for U.S. Businesses
U.S. businesses that depend on H-2B workers are cautioned to take note of the cap and plan accordingly.
For those needing to hire H-2B workers for the first half of fiscal year 2025, early filing of petitions is essential. Additionally, businesses may want to explore alternative visa options that could meet their labor needs.
