United States | Cap reached for additional H-2B visas for returning workers

U.S. Citizenship and Immigration Services (USCIS) has reached the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025 with start dates on or before March 31, 2025.

Key Points:

• The cap was established under the Department of Homeland Security H-2B supplemental cap temporary final rule for FY 2025 (FY 2025 TFR).
• Jan. 7, 2025, was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 first half returning worker allocation.
• Petitions are still being accepted for H-2B nonimmigrant workers with start dates on or before March 31, 2025, for the additional country-specific allocation of 20,000 visas for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras, and those exempt from the congressionally mandated cap.
• As of Jan. 7, 2025, USCIS received petitions requesting 3,678 workers under the 20,000 visas set aside for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.
• Petitioners with start dates on or before March 31, 2025, whose workers were not accepted for the 20,716 returning worker allocation are encouraged to file under the country-specific allocation while visas remain available.
• Additional information on the FY 2025 supplemental visa is available here.

Additional Information: The FY 2025 TFR was published on Dec. 2, 2024, with an immediate effective date. USCIS immediately began accepting H-2B petitions with start dates on or before March 31, 2025, for the 20,716 returning worker allocation for the first half of FY 2025, and the 20,000 allocation for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras who are exempt from the returning worker requirement.

This alert has been provided by the BAL U.S. Practice Group.

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