USCIS has hit the limit for H-2B visas for the second half of FY 2025, meaning no more new petitions can be filed for this cap. Employers still have the chance to apply for supplemental visas, with 64,716 extra slots available as part of a temporary rule. The government is also making moves to simplify the H-2 visa process for U.S. businesses.
H-2B Visa Cap Reached
The United States Citizenship and Immigration Services (USCIS) has announced that it has hit the statutory limit on H-2B visas for the second half of the fiscal year 2025. From March 5, 2025, the USCIS would no longer be accepting new cap-subject H-2B petitions for jobs starting between April 1 and September 30, 2025. Applications submitted after this date will be rejected.
H-2B Visa Temporary Increase for FY 2025
With a temporary rule that increases the number of H-2B visas for FY 2025, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have stepped in to address labor shortages. Announced on December 2, 2024, this change adds 64,716 visas above the usual limit. But these extra visas are reserved for U.S. businesses that can prove they’ll suffer if they can’t get the foreign workers they need.
Distribution of Supplemental H-2B Visas
These 64,716 supplemental visas will be given out based on specific employer needs. Out of this total, 44,716 visas are set aside for returning workers—those who held an H-2B visa in at least one of the last three years. The other 20,000 are for workers from certain countries, including El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. The purpose of this allocation is to support economic stability in these regions.
Petitioners must submit their applications to the Texas Service Center by September 15, 2025, in order to be eligible for these additional visas.
Legal Basis for the Expansion
The short-term increase in H-2B visas is due to a temporary regulation and won’t establish a norm for upcoming fiscal years. In addition to previous legislation that permits DHS to issue more visas, this increase is permitted under certain provisions of the Continuing Appropriations and Extensions Act, 2025. Before finalizing these changes, DHS worked with DOL to assess labor needs and ensure the program’s standards were upheld.
Looking Forward – H-2B Visa Demand Surges as USCIS Reaches Cap for Late FY 2025 – Next Steps for Employers
Now that the standard H-2B visa cap is filled, employers will need to look at other visa options for seasonal foreign workers, if they qualify. As the fiscal year goes on, it will be important to watch how these extra visas are handed out and how the new rules play out. Businesses relying on temporary foreign workers should stay updated on application deadlines and any changes to the process.
To stay updated and informed, watch our news section or drop your immigration questions on immigrationquestion.com and get responses from professional attorneys
