The Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a final rule authorizing 64,716 additional H-2B temporary nonagricultural worker visas for Fiscal Year (FY) 2025. These supplemental visas aim to support U.S. employers facing labor shortages in hospitality, landscaping, seafood processing, and other temporary job sectors by providing more opportunities to hire foreign workers.
H-2B Visa Allocation Breakdown for FY 2025
A total of 64,716 supplemental H-2B visas will be allocated as follows:
1️⃣ Returning Worker Allocation (44,700 visas)
✔ Reserved for workers who held an H-2B visa in FY 2022, 2023, or 2024.
✔ No nationality restrictions for this category.
2️⃣ Country-Specific Allocation (20,000 visas)
✔ Reserved for nationals from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.
✔ These visas are available regardless of whether the worker has previously held an H-2B visa.
Supplemental H-2B Visa Release Schedule
📌 First Half of FY 2025 (October 1, 2024 – March 31, 2025)
✔ 20,716 visas for returning workers.
✔ Petitioners with a start date on or before March 31, 2025, may file immediately.
📌 Early Second Half of FY 2025 (April 1, 2025 – May 14, 2025)
✔ 19,000 visas for returning workers.
✔ Petitioners with a start date from April 1 – May 14, 2025, may apply.
📌 Late Second Half of FY 2025 (May 15, 2025 – September 30, 2025)
✔ 5,000 visas for returning workers.
✔ Petitioners with a start date from May 15 – September 30, 2025, may apply.
📌 Entire FY 2025 (October 1, 2024 – September 30, 2025)
✔ 20,000 visas allocated specifically for nationals from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of prior H-2B status.
🔹 Employers seeking visas for the first half of FY 2025 can file petitions immediately once this rule is published.
🔹 Employers applying for the second half must wait until 15 days after the second-half cap is reached to file.
Employer Compliance & Labor Market Protections
To qualify for H-2B workers under this supplemental cap, employers must:
✔ Demonstrate severe economic harm if they cannot hire these workers.
✔ Prove that there are not enough qualified U.S. workers available for the jobs.
✔ Obtain labor certification from the Department of Labor (DOL) verifying compliance with U.S. labor laws.
✔ Ensure that hiring foreign workers will not negatively impact U.S. worker wages and conditions.
Stronger Worker Protections & Employer Accountability
The DHS and DOL have introduced new safeguards to protect H-2B workers from exploitation and ensure program compliance, including:
✔ Stricter background checks on employers with prior labor law violations.
✔ Enhanced scrutiny during H-2B petition review to prevent employer abuse.
✔ Proposed modernization of both the H-2B and H-2A visa programs, which will provide better flexibility and stronger protections for workers.
What is the H-2B Program?
The H-2B visa program allows U.S. employers to temporarily hire noncitizens for nonagricultural jobs, including roles in:
✔ Hospitality
✔ Landscaping
✔ Seafood processing
✔ Construction
✔ Seasonal work and peak-load demands
💡 Employers must prove that the need is temporary, such as one-time events, peak demands, seasonal work, or intermittent labor.
📌 What This Means for Employers & H-2B Applicants
✔ More visa opportunities for temporary foreign workers in high-demand industries.
✔ Faster application timelines for employers filing under the first-half cap.✔ Stricter compliance measures to prevent worker exploitation.
✔ Potential modernization of the H-2B program, offering greater flexibility in the future.
💡 Owen Gu Law Group, P.C. advises employers and applicants to carefully review the new H-2B visa allocations and filing requirements to ensure compliance.
📌 Reference to Official USCIS Announcement
For more details, please visit the official DHS announcement:
📩 Need assistance with your H-2B petition? Contact us at info@owenlawpc.com or visit www.owenlawpc.com.
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