April 26th, 2025 at 04:58 am

USCIS Reaches H-2B Visa Cap—20,000 Slots Available for Eligible Countries

The USCIS has announced that it has reached the cap for 19,000 H-2B visas designated for returning workers for early fiscal year 2025. However, 20,000 additional visas remain available for nationals from El Salvador, Guatemala, Haiti, and other eligible countries. This development provides a critical legal work pathway for seasonal jobs in the United States.

For foreign workers seeking seasonal employment in the U.S., updates about the H-2B visa program are essential. As of April 18, 2025, the allocation for returning workers has been exhausted. This means that U.S. employers looking to hire returning seasonal workers for positions starting between April 1 and May 14, 2025, may face limitations.

Overview: The H-2B Visa

The H-2B visa allows U.S. employers to temporarily hire non-agricultural foreign workers when there are not enough U.S. workers available. This visa is commonly used in various industries, including:

• Hospitality
• Landscaping
• Construction
• Seafood processing
• Amusement and recreation

The program aims to help U.S. businesses fill temporary job vacancies, especially during peak seasons.

20,000 H-2B Visas Still Available for Select Countries

Despite the cap on returning workers, 20,000 H-2B visas remain reserved for nationals from specific countries, including:

• El Salvador
• Guatemala
• Honduras
• Haiti
• Colombia
• Ecuador
• Costa Rica

Individuals from these nations do not need to meet the returning worker requirement. This provision promotes legal migration pathways and strengthens workforce partnerships in the region.

Who Qualifies for an H-2B Visa?

To qualify for an H-2B visa, both employers and foreign workers must meet specific eligibility criteria.

For U.S. Employers:

• Demonstrate a temporary need (seasonal, peak load, intermittent, or one-time occurrence).
• Prove that no qualified U.S. workers are available.
• Obtain a temporary labor certification from the U.S. Department of Labor.

For Foreign Workers:

• Be a national of an eligible country.
• Apply if previously approved for an H-2B visa in FY 2022, 2023, or 2024 (for the 19,000 cap).
• Workers from the 20,000-reserved countries do not need prior H-2B status.

Countries Eligible for the H-2B Visa Program

The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of State, annually determines which countries qualify for the H-2B visa program. Effective November 8, 2024, the following countries are eligible:

• Andorra
• Argentina
• Australia
• Austria
• Barbados
• Belgium
• Belize
• Bolivia
• Bosnia and Herzegovina
• Brazil
• Brunei
• Bulgaria
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Fiji
• Finland
• France
• Germany
• Greece
• Grenada
• Guatemala
• Haiti
• Honduras
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Madagascar
• Malta
• Mexico
• Monaco
• Montenegro
• Morocco
• The Netherlands
• New Zealand
• Nicaragua
• Norway
• Panama
• Paraguay
• Peru
• Philippines
• Poland
• Portugal
• Romania
• Saint Lucia
• Singapore
• Slovakia
• Slovenia
• South Africa
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan
• Turkey
• Ukraine
• Uruguay
• Vanuatu

Key Takeaway for Potential Workers

While the cap for returning H-2B visas has closed, significant opportunities remain, especially for nationals from the seven designated Central and South American countries. If you are from one of these nations and seeking seasonal work in the U.S., the H-2B visa could be a viable option.

What Employers Should Know Now

If your business faces severe labor shortages, you may still file under this temporary increase for the 20,000-reserved countries. However, new petitions under the returning worker allocation will no longer be accepted. Ensure you file Form I-129 and meet all labor certification requirements.

Final Thoughts

Although the cap for returning H-2B workers has been filled, opportunities still exist for employers and workers from eligible countries. The H-2B program remains a vital resource for industries facing labor shortages and a valuable pathway for foreign workers seeking temporary employment in the U.S.

For the latest updates and application guidance, visit the USCIS H-2B Program page.