USCIS Reaches H-2B Cap
On Thursday, USCIS announced that it had 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 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. USCIS will reject any new cap-subject H-2B petitions received after September 18 that request an employment start date before April 1, 2025.
Exemptions from the USCIS Reaches H-2B Cap
USCIS stated that they are still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment.
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing.
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
Overview of the USCIS Reaches H-2B Cap Program
U.S. businesses utilize the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 allocated for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – September 30).
Supplemental H-2B Visas – USCIS Reaches H-2B Cap
In recent years, due to high demand, the Department of Homeland Security (DHS) has issued supplemental H-2B visas after consulting with the Department of Labor to assess workforce needs. These additional visas have been especially important for industries like hospitality and landscaping, which depend heavily on seasonal workers. It remains to be seen if supplemental visas will be available for fiscal year 2025, but employers should monitor USCIS updates.
Implications for U.S. Employers | USCIS Reaches H-2B Cap
The exhaustion of the H-2B cap for the first half of fiscal year 2025 presents challenges for businesses relying on temporary foreign labor. Employers who missed the September 18 deadline must wait until the second half of the fiscal year to file new petitions for workers starting on or after April 1, 2025. Businesses with immediate labor needs can explore alternative visa programs like the J-1 or H-2A programs or seek workers under exempt categories.
Employers are encouraged to plan ahead, as demand for H-2B visas consistently exceeds supply, especially in industries with high seasonal demand. Filing early and considering alternative options may help avoid labor shortages.
Looking Ahead – USCIS Reaches H-2B Cap
High demand for H-2B visas highlights ongoing labor challenges. While employers push for increasing the visa cap, debates around immigration reform continue. For now, businesses should stay informed on supplemental visa allocations or program changes as discussions on the future of the H-2B program continue.
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