The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap for H-2B visas for the first half of fiscal year 2025 has been reached, effective September 18, 2024. This news impacts all new H-2B worker petitions seeking temporary non-agricultural positions with a start date before April 1, 2025. USCIS will reject any new cap-subject H-2B petitions received after September 18th for employment commencing before April 1st.
However, it’s important to note that certain petitions are exempt from the cap. These include H-2B workers already in the U.S. who wish to change employers, extend their stays, or modify their employment terms. The exemption also extends to fish roe processors, supervisors, and technicians, as well as workers in the Commonwealth of the Northern Mariana Islands and Guam from November 28, 2009, to December 31, 2029.
The H-2B visa program is a critical resource for non-agricultural sectors grappling with temporary labor shortages. Industries like hospitality, tourism, seafood processing, and landscaping heavily rely on this program to fill essential positions. Recognizing this need, USCIS increased the H-2B cap by 64,716 visas for fiscal year 2024 as part of the U.S. government’s efforts under the Los Angeles Declaration for Migration and Protection. This expansion aimed to address labor shortages by expanding lawful migration pathways. The additional visas were allocated to nationals from select countries, including Colombia and Honduras, while reserving the remaining visas for returning workers who had previously obtained H-2B status within the past three years.
To qualify for an H-2B visa, employers must fulfill specific requirements. These include demonstrating a shortage of available U.S. workers, ensuring that employing H-2B workers won’t negatively impact the wages and working conditions of similar U.S. workers, confirming the temporary nature of the employment need, and committing to paying a wage that meets or exceeds prevailing minimum wage standards. The application process involves the U.S. employer filing Form I-129 for the nonimmigrant worker, followed by labor certification approval from the U.S. Department of Labor, and USCIS approval. Once approved, workers can apply for the visa through an electronic DS-160 form or an interview waiver, depending on their specific circumstances.
Countries eligible for the H-2B visa include Andorra, Australia, and Canada. Currently, India remains ineligible due to high denial rates and concerns over visa abuse. It’s important to note that this eligibility list is dynamic and subject to change based on USCIS’s assessments of potential risks to U.S. interests.
