The U.S. Citizenship and Immigration Services (USCIS) has officially reached the Congressionally-mandated cap on H-2B visas for temporary non-agricultural workers for the second half of fiscal year 2025. This marks an important milestone for both employers seeking to hire foreign workers and for applicants pursuing H-2B visa opportunities. In this blog, we will discuss the H-2B visa program and the deadlines for submitting New Cap-Subject H-2B Petitions.
Here we go!
What is the H-2B Visa Program?
The H-2B visa program allows U.S. businesses to hire foreign workers for temporary, non-agricultural jobs. These workers are typically employed in industries like hospitality, construction, landscaping, and seafood processing. The program is subject to a strict annual cap, which limits the total number of H-2B visas issued each fiscal year. Congress has set a cap of 66,000 H-2B visas per fiscal year. This is split into two halves:
- 33,000 visas are designated for workers who begin employment during the first half of the fiscal year (October 1 to March 31).
- 33,000 visas are available for workers whose employment starts in the second half of the fiscal year (April 1 to September 30).
Deadline for New Cap-Subject H-2B Petitions
As of March 5, 2025, the USCIS has reached its cap for the second half of FY 2025. This means that new petitions for H-2B workers requesting a start date before October 1, 2025, will no longer be accepted. Any cap-subject petitions received after this date will be rejected if they request an employment start date before the beginning of the next fiscal year.
Exemptions from the Cap:
While the cap has been reached for the second half of FY 2025, certain types of petitions are still being accepted by USCIS, as they are exempt from the annual cap. These include:
- Extensions and Changes for Current H-2B Workers:
H-2B workers already in the U.S. can petition to extend their stay or change the terms of their employment. This may include changing employers or modifying the type of work they are performing.
- Specialized Workers in Fish Roe Processing:
Workers in specific roles, such as fish roe processors, fish roe technicians, and their supervisors, are exempt from the cap. These positions are often crucial for the seafood industry and are treated separately under H-2B regulations.
- Labor in the Commonwealth of Northern Mariana Islands (CNMI) and Guam:
The H-2B visa cap does not apply to workers in the CNMI and Guam, as their work permits are governed by different rules. Workers employed in these areas can continue to apply for H-2B visas until December 31, 2029.
Employers who were planning to hire H-2B workers for the second half of FY 2025 must act quickly if they have not yet filed petitions. Those who missed the March 5 deadline will have to wait until the next filing period or explore the possibility of hiring workers who are exempt from the cap. For those who can still apply, it’s important to ensure that petitions are filed in a timely manner to avoid delays in staffing.
Conclusion
The H-2B program is a crucial pathway for U.S. employers to access temporary foreign labor for non-agricultural jobs. However, with the cap for FY 2025 now reached, both employers and workers need to be aware of deadlines and the potential for delays or rejections. It’s important to stay informed about changes in the program, including any additional cap exemptions or adjustments that may occur in future years.
Good luck!
