The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to reach the cap for the additional 20,716 H-2B visas allocated for returning workers for the first half of fiscal year 2025. This applies to work start dates on or before March 31, 2025. The final date for receiving these petitions was January 7, 2025.
Quick Recap: What is the H-2B Visa Program?
The H-2B visa program allows U.S. businesses to hire temporary non-agricultural workers when there aren’t enough U.S. workers available. These visas are commonly used in industries such as:
- Hospitality (hotels, resorts, restaurants)
- Landscaping
- Construction
- Seafood processing
Each fiscal year, the U.S. sets a cap on the number of H-2B visas available. For FY 2025, a special rule allowed 20,716 extra visas for workers who had previously held H-2B status. This allocation was quickly filled due to high demand.
Why Did USCIS Stop Accepting Petitions?
The additional 20,716 visas for returning H-2B workers were granted under a temporary rule to meet labor shortages. However, demand was so high that USCIS received enough applications to fill the cap before the deadline.
If an employer’s petition was not accepted under this category, they can no longer apply for these specific visas.
What Options Are Still Available?
Although the returning worker visas have reached their limit, there are still 20,000 visas available for workers from specific countries:
- Colombia
- Costa Rica
- Ecuador
- El Salvador
- Guatemala
- Haiti
- Honduras
These visas do not require previous H-2B experience and are still open for applications.
What This Means for Employers and Workers
- For employers: If your petition for a returning worker visa was not accepted, consider applying under the country-specific visa program while slots remain open.
- For workers: If you are from one of the eligible countries, there is still a chance to apply for an H-2B visa under this special allocation.
Final Thoughts: The Growing Demand for H-2B Workers
The fact that USCIS reached the cap so quickly shows how important the H-2B visa program is for industries that rely on temporary workers. While returning worker visas are no longer available, there are still opportunities under the country-specific allocation for those who qualify.