On September 18, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to meet the congressionally mandated cap on H-2B visas for the first half of fiscal year 2025. This news holds significant implications for businesses and foreign workers alike. If you’re an employer or worker impacted by this update, here’s what you need to know.
What Is the H-2B Visa Program?
The H-2B visa program allows U.S. employers to hire foreign workers for temporary nonagricultural jobs when there are not enough American workers available to fill these positions. The program is particularly useful in industries such as landscaping, construction, hospitality, and seafood processing, where seasonal or peak load demands often exceed the available workforce.
Under current law, Congress has set a cap of 66,000 H-2B visas per fiscal year. This is divided into two halves: 33,000 visas for workers who begin employment between October 1 and March 31, and another 33,000 visas (plus any unused visas from the first half) for those starting between April 1 and September 30.
What Does It Mean That the H-2B Cap Has Been Reached?
USCIS’s recent announcement confirmed that as of September 18, 2024, it had received enough petitions to fulfill the H-2B visa cap for the first half of the 2025 fiscal year. This means that any new H-2B petitions filed after September 18, 2024, for workers requesting an employment start date before April 1, 2025, will be rejected.
Employers and foreign workers should understand that the cap applies only to new petitions for employment start dates within the first half of the fiscal year. If you missed the deadline or are planning to file, it is essential to ensure that any new petitions are for employment beginning on or after April 1, 2025.
Are There Any Exceptions to the H-2B Cap?
Yes, USCIS is still accepting H-2B petitions that fall under certain exemptions from the congressionally mandated cap. These exemptions include:
Current H-2B workers in the U.S. who are extending their stay, changing employers, or modifying the terms of their employment.
Fish roe processors, technicians, and supervisors involved in fish roe processing.
Workers in the Commonwealth of the Northern Mariana Islands and/or Guam, whose labor is exempt from the cap until December 31, 2029.
If your situation falls under one of these exemptions, your petition can still be processed without concern about the visa cap. It is crucial to review your specific case with an experienced immigration attorney to ensure you meet the exemption criteria.
How Can Employers and Workers Plan for the Second Half of FY 2025?
Employers and workers who missed the September 18 deadline should start planning for the second half of the fiscal year, which begins on April 1, 2025. USCIS will accept new H-2B petitions for employment start dates after April 1, and early preparation is key to securing a visa before the cap is reached again.
If you have further questions or are facing any immigration-related matter, please don’t hesitate to contact a New York City immigration lawyer from the Lightman Law Firm today.
