FY 2025 H-2B Supplemental Cap Temporary Final Rule
The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), issued a temporary final rule (TFR) authorizing the release of an additional 64,716 H-2B temporary nonagricultural worker visas to be allocated throughout fiscal year (FY) 2025. The increase will help address the urgent needs of eligible employers for additional H-2B workers for this fiscal year.
The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years. The remaining 20,000 visas are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether they are returning workers.
DHS and DOL are working together to reinforce robust protections for U.S. and foreign workers alike, including ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the H-2B visa program requires, and that foreign workers hired are not exploited by unscrupulous employers.
What You Need to Know
To petition for H-2B workers under the supplemental allocations in this TFR, petitioners must file Form I-129, Petition for a Nonimmigrant Worker, at the filing location designated at the time of filing, which is currently the Texas Service Center, in accordance with applicable regulations and form instructions, along with an unexpired temporary labor certification (TLC) and the attestation Form ETA-9142B-CAA-9. Petitions filed for supplemental allocations under this TFR at any location other than the current filing location will be rejected and the filing fees will be returned.
The 64,716 visas are divided into the following four allocations:
- For the first half of FY 2025 (Oct. 1, 2024, to March 31, 2025): 20,716 immediately available visas are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These petitions must request employment start dates on or before March 31, 2025.
- For the early second half of FY 2025 (April 1, 2025, to May 14, 2025): 19,000 visas will be limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024 regardless of country of nationality. These early second half of FY 2025 petitions must request employment start dates from April 1, 2025, to May 14, 2025. Employers must file these petitions no earlier than 15 days after the second half statutory cap is reached.
- For the late second half of FY 2025 (May 15, 2025, to Sept. 30, 2025): 5,000 visas will be limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, to Sept. 30, 2025. Employers must file these petitions no earlier than 45 days after the second half statutory cap is reached.
- For the entirety of FY 2025: 20,000 immediately available visas will be reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras as attested by the petitioner, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 may file their petitions immediately after the publication of this TFR. Employers requesting an employment start date in the second half of FY 2025 must file such petitions no earlier than 15 days after the second half statutory cap is reached.
More Information
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