The U.S. Citizenship and Immigration Services (USCIS) has announced that it has reached the congressionally mandated cap for H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. This means that no new H-2B petitions requesting an employment start date before April 1, 2025, will be accepted.
If you are an employer seeking to hire foreign workers through the H-2B program, it is crucial to be aware of this cap. If your H-2B petition was not received by USCIS before September 18, 2024, and it requests an employment start date prior to April 1, 2025, it will likely be rejected.
Exemptions from the Cap
Please note that certain H-2B petitions are exempt from the congressionally mandated cap. These include:
Current H-2B Workers-
If you have current H-2B workers in the United States, they may be eligible to extend their stay, change employers, or modify the terms of their employment without being subject to the cap.
Fish Roe Workers-
Workers involved in fish roe processing, including technicians and supervisors, are exempt from the cap.
Workers in the Northern Mariana Islands and Guam-
Workers performing labor or services in these territories from November 28, 2009, to December 31, 2029, are also exempt.
What is the H-2B Program?
The H-2B program allows U.S. businesses to hire foreign workers for temporary nonagricultural jobs. Congress has set the annual cap for H-2B visas at 66,000, with 33,000 visas available for workers starting employment in the first half of the fiscal year and 33,000 (plus any unused numbers from the first half) for those starting in the second half.
Next Steps for Employers
If you are considering hiring foreign workers through the H-2B program, it is important to consult with an immigration attorney to discuss your options and determine if you may be eligible for an exemption. You may also consider alternative visa categories to meet your workforce needs.
You can get in touch with immigration attorneys easily through our
Imagility platform who have 30+ experience in handling employment based visa petitions. You can reach out to us at
sales@imagility.co.
Good luck!
