September 23rd, 2024 at 05:32 am

USCIS Hits H-2B Visa Limit for First Half of FY 2025 | US Immigration

For the first half of fiscal year 2025, the USCIS has reported that it has achieved the congressionally mandated ceiling for H-2B visas for temporary non-agricultural workers. Accordingly, new H-2B applications requesting an employment start date before April 1, 2025, will be denied by USCIS.

For the first half of the 2025 fiscal year, U.S. Citizenship and Immigration Services (USCIS) has declared that it has reached the H-2B visa cap. This means that beginning on April 1, 2025, no new requests for H-2B visas for temporary non-agricultural workers will be granted. September 18, 2024, was the last day applications could be submitted.

Overview: H-2B Visa

When there aren’t enough skilled Americans to fill temporary, non-agricultural positions, U.S. firms can hire foreign workers under the H-2B visa program. Industries including hospitality, construction, and landscaping frequently employ the H-2B visa. The program, which is divided into two halves, has an annual cap of 66,000 visas.

33,000 labor visas, valid for the first half of the fiscal year, from October 1 to March 31.
33,000 labor visas, for the second half of the fiscal year, beginning on April 1 and ending on September 30.

What H-2B Applicants Should Know About This

Any new H-2B visa applications that seek an employment start date before April 1, 2025, will be denied since USCIS has hit the H-2B visa cap for the first half of the fiscal year 2025. Businesses in the United States that depend on H-2B workers to cover temporary roles may be significantly impacted by this.

Who is Not Subject to the Cap?

The H-2B visa cap has a few exceptions. Among them are:

• Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment.
• Fish yolk processors, fish yolk technologists, and/or fish yolk processing supervisors.
• Employees providing services or labor in Guam and/or the Commonwealth of the Northern Mariana Islands between November 28, 2009, and December 31, 2029

What American Companies Ought to Do

If your U.S. company employs H-2B employees, you should be aware of the cap on H-2B visas and make plans appropriately. You must file your petition as soon as possible if you plan to hire H-2B workers within the first half of the fiscal year 2025. You might also look into other possible visa possibilities for yourself.

Final Thoughts

Businesses that depend on seasonal labor are severely impacted by this cap, which prevents them from hiring foreign workers until the second part of the fiscal year. To prevent delays, prospective applicants and businesses should make appropriate plans and monitor the availability of visas in the future.

Check out the official USCIS H-2B Cap Count page for more information.