The U.S. Citizenship and Immigration Services (USCIS) recently announced it has reached the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2025 – an important update for those closely following U.S. immigration policy.
The H-2B non-agricultural temporary worker program allows U.S. employers to hire foreign employees to address seasonal or intermittent labor shortages when sufficient U.S. workers are not available. The statutory cap set by Congress is currently 66,000 per fiscal year, with 33,000 allocated for each half of the year.
USCIS officially reached the limit on H-2B petitions for employment beginning before April 1, 2025, signaling that the threshold of 33,000 visas for the first half of the FY 2025 has been met. Thus, USCIS will not accept any more H-2B applications for this period.
However, there are some exceptions to this limit. USCIS will continue to accept petitions from businesses exempted from the H-2B cap. These exceptions include current H-2B workers in the U.S. petitioning to extend their stay or change the terms of their employment, employers, or change employers. Other exclusions apply to workers engaged in forestry activities, fish roe processors, and related positions. These exemptions aim to ensure that all sectors with labor shortages receive support.
USCIS will also continue to process petitions that are not subject to the H-2B cap. These include petitions for foreign workers who will perform tasks on Guam and the Commonwealth of Northern Mariana Islands from November 28, 2009, until December 31, 2029. In addition to this, public law dictates that up to 64,000 more positions can become available for the remainder of the fiscal year if the Secretary of Homeland Security observes a need for the same, in consultation with the Secretary of Labor.
This announcement by USCIS underscores the high demand for H-2B visas and the central role these workers play in various industries in the U.S. Employers are dependent on this program to meet their labor needs, and the rapid attainment of the cap indicates a high level of economic activity and labor demand.
Therefore, corporations hoping to utilize the H-2B program should be aware of its limitations, as well as the timing needed to apply for the second half of the FY 2025 cap.
Despite reaching this H-2B cap, USCIS continues to uphold its mandate to prioritize legal immigration, enhance lawful admissions, and safeguard the integrity of the immigration system. The approach ensures the continued growth and development of the American economy while maintaining an integral and efficient immigration system.
The original article can be found on the official USCIS website and provides more details regarding the H-2B cap (https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fiscal-year-2025).
