USCIS Hits H-2B Cap for First Half of FY 2025: Know More

Written by

Shrishti Bajpai

Fact check by

Divyansh Chaudhari

Updated on

Oct 22,2024

USCIS Hits H-2B Cap for First Half of FY 2025 - TerraTern

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Key Highlights

The United States Citizenship and Immigration Services (USCIS) has reached the H-2B cap for the first half of Fiscal Year (FY) 2025. This was announced on September 19, 2024. Big news for U.S. employers who rely on foreign temporary workers for non-agricultural positions.

What is the H-2B Program

The H-2B visa program allows U.S. businesses to hire foreign workers for temporary non-agricultural jobs. This is especially important for industries like hospitality, construction and landscaping, where domestic workers are scarce during peak seasons. The H-2B visa is capped at 66,000 annually, split into two halves of the fiscal year.

For FY 2025, 33,000 H-2B visas were set aside for workers who will start work between October 1, 2024 and March 31, 2025. USCIS has received enough petitions to reach this cap.

Key Dates and Petition Deadlines

September 18, 2024, was the last day USCIS accepted H-2B petitions for workers who will start work before April 1, 2025. Any new petitions received after this date requesting a start date in the first half of the fiscal year will be denied.

However, USCIS will still accept H-2B petitions exempt from the cap. Exemptions include:

  • Workers already in the U.S. on an H-2B visa who want to extend their stay or change employers.

  • Workers in fish roe processing and those in the Commonwealth of the Northern Mariana Islands or Guam.

 

H-2B Cap: What it Means for Employers?

The H-2B cap prevents U.S. businesses from bringing in more foreign workers during peak demand periods. The cap being hit early means employers still heavily rely on foreign labour to fill temporary jobs, especially in industries like hospitality and construction.

Employers who missed the cap for the first half of FY 2025 must wait until the second half of the fiscal year when the 33,000 visas become available for new H-2B petitions. Any unused visas from the year's first half will carry over into this period.

H-2B Cap Exemptions

Although the cap for the first half of FY 2025 is hit, employers can still file H-2B petitions for exempt workers:

  • Current H-2B visa holders who are in the U.S. and want to extend their stay, change employers, or change employment conditions.

  • Workers in fish roe processing and those in the Commonwealth of the Northern Mariana Islands or Guam.

Explore these options if you need to bring in temporary foreign workers for the rest of the fiscal year.

Also Read: US Reaches Annual Limit for EB-5 Visa Unreserved Category

Seasonal Worker Needs and Legislation

The H-2B cap being hit yearly reflects the high demand for seasonal workers in various industries. The 66,000 annual cap has been deemed insufficient to meet that demand, especially during peak seasons. So, industry groups and some lawmakers have been calling for a raise or adjustment of the cap to give U.S. businesses more flexibility in filling temporary jobs with foreign workers.

Legislation in Congress has proposed increasing the H-2B cap but has been met with resistance from lawmakers concerned about U.S. workers and broader immigration policies.

What to Do Now?

The cap is hit, so employers have limited options to bring in new H-2B workers for the first half of FY 2025. But:

  • Apply for H-2B visas for the second half of the fiscal year, starting April 1, 2025.

  • Look into other visa programs that might meet your labour needs.

  • Apply for exempt categories of workers under the H-2B program, such as those extending their stay or those in fish roe processing.

Read More: OFC Appointment Guide: Everything You Need to Know

 

Conclusion

The USCIS announcement of the H-2B cap for the first half of FY 2025 shows the high demand for temporary foreign workers in the U.S. Even though the cap is hit, employers can still file for exempt workers or look forward to the second half of the fiscal year. Meanwhile, discussions on adjusting the H-2B cap will likely continue as U.S. businesses struggle to find the labour for their seasonal needs.

To learn more about visa caps and immigration assistance, you must contact TerraTern immediately. With more than a hundred services and an expert team, TerraTern will help you realize your immigration dreams easily!

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Shrishti Bajpai

Sr. Content Writer

Shrishti Bajpai is a passionate Sr. Content writer at TerraTern, with more than 7 years of experience in the immigration industry as a content writer. She has a strong command of English and excellent research skills, which help her to write engaging and informative content. Shrishti's work is characterized by a meticulous research process and a compelling writing style, making complex topics accessible and engaging. Beyond her professional achievements, Shrishti's commitment to making a positive impact through her writing drives her continuous pursuit of knowledge and excellence in her field.

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Frequently Asked Questions

What is the H-2B visa?

The H-2B visa is a temporary work visa that allows U.S. employers to hire foreign workers for non-agricultural jobs when there aren’t enough U.S. workers to meet demand. It’s commonly used in industries like hospitality, landscaping, and construction that experience seasonal labor shortages. The visa is designed for temporary or seasonal positions that are not year-round.

What is the H-2B cap?

The H-2B program has an annual cap of 66,000 visas, split into two halves of the fiscal year. For each half, 33,000 visas are available. The first half covers employment starting between October 1 and March 31, while the second half covers employment starting between April 1 and September 30. Once the cap is reached, no additional visas can be issued until the next fiscal period unless the workers fall under an exemption.

When will USCIS start accepting petitions again for H-2B workers?

USCIS will begin accepting H-2B petitions for the second half of Fiscal Year 2025 starting on April 1, 2025. At that time, the next batch of 33,000 visas will become available for employers seeking to hire temporary foreign workers. Petitions for workers starting on or after this date can be submitted once the cap for the first half has been reached.

Are there any exemptions to the H-2B cap?

Yes, certain categories of workers are exempt from the H-2B visa cap. These exemptions include: 1. Workers already in the U.S. on an H-2B visa who are extending their stay, changing employers, or adjusting their employment terms. 2. Workers involved in fish roe processing, as well as those employed in the Commonwealth of the Northern Mariana Islands or Guam. Employers hiring workers in these categories can still file petitions even after the cap is reached.

What does it mean for U.S. employers?

When the H-2B visa cap is reached, U.S. employers—particularly those in seasonal industries like hospitality, construction, and landscaping—face labor shortages. These businesses often rely heavily on temporary foreign workers to meet peak demand and may struggle to fill positions, which can impact productivity. Employers who miss the cap will need to wait until the next visa period or explore alternative visa programs to meet their labor needs.