USCIS Invites Applications for Additional H-2B Work Visas for the Second Half of FY 2025

The United States Citizenship and Immigration Services (USCIS) recently announced an exciting opportunity for those seeking temporary employment in the U.S. As of March 26, 2025, USCIS has reached its H-2B cap for the second half of the Fiscal Year (FY) 2025.

However, there is good news: New filing dates for supplemental H-2B visas are now available due to a special cap increase.

Overview: The H-2B Visa

The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural jobs when qualified U.S. workers are unavailable. These jobs can include landscaping, construction, and hospitality. Due to strong demand from employers, USCIS hit the H-2B cap for the second half of FY 2025 on March 5, 2025.

Fortunately, a temporary final rule has made an additional 64,716 visas available. This expansion offers a fresh chance for U.S. employers and foreign workers, particularly those with previous H-2B experience.

Who Is Eligible to Apply?

Several groups can apply for these additional H-2B visas:

• U.S. Employers: Those facing severe financial loss due to an inability to hire requested H-2B workers.
• Returning Workers: Individuals who held H-2B status or received H-2B visas in FY 2022, 2023, or 2024.
• Nationals from Specific Countries: Citizens from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica can apply, regardless of their past H-2B status.

Key Filing Dates for H-2B Visas

Here are the important dates for submitting applications for the second half of FY 2025:

Note: Employers must submit petitions by September 15, 2025, or before the cap is reached.

How to Apply for Additional H-2B Visas

Employers wishing to submit valid H-2B petitions must take the following steps:

• Obtain Temporary Labor Certification (TLC): This certification from the Department of Labor must match the petition’s employment period.
• File Form I-129: Submit this form to USCIS, along with the required fees.
• Submit Attestation Form: Complete the ETA 9142–B-CAA-9 form, declaring the business will face irreparable harm without these workers.
• Specify Visa Allocation: Indicate whether the petition is for early second half, late second half, or country-specific allocation. Only one can be selected per petition.
• Retain Supporting Documentation: Keep evidence of irreparable harm and worker eligibility for three years for potential audits or reviews.

Final Reminder on Deadlines

The deadline for applying for FY 2025 supplemental H-2B visas is September 15, 2025. USCIS will reject late petitions and deny all pending applications not approved by October 1, 2025. If your intended start date is after September 30, the petition will count toward the FY 2026 cap.

This new opportunity enhances options for employers and workers alike, making it a pivotal moment in the U.S. labor market.