US reaches limit for H-2B Visa for returning workers in first half of 2025

The visas are available for workers with start dates on or before March 31st, 2025, under the H-2B supplemental cap temporary final rule.

The final receipt date for petitions requesting these visas was January 7th, 2025.

According to USCIS, the petitions for the 20,716 H-2B visas for returning workers have now been fully submitted. These visas were allocated as part of the Fiscal year (FY) 2025 temporary final rule (TFR) that was published on December 2nd, 2024.

The rule increased the number of available H-2B visas for the first half of FY 2025. As of January 7th, 2025, USCIS had processed enough petitions to meet the cap for returning workers, which allows for the continued employment of nonimmigrant workers in temporary or seasonal positions.

Despite the cap being reached for returning workers, USCIS continues to accept petitions for H-2B visas under the country-specific allocation. This includes 20,000 visas set aside for nationals from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.

Workers from these countries are exempt from the returning worker requirement, allowing employers to submit petitions for new workers who meet the criteria. As of the January 7th deadline, USCIS had received 3,678 petitions for workers from these countries.

USCIS has urged petitioners whose workers were not selected for the returning worker allocation to consider applying for the country-specific allocation while visas are still available.

With the cap for returning workers now met, this alternative allocation provides another opportunity for employers to secure the necessary labour for temporary or seasonal positions. Petitioners should act quickly to ensure they can secure H-2B visas for their workers before the country-specific allocation is exhausted.

For additional details on the supplemental visas available under the FY 2025 H-2B program, USCIS encourages petitioners to visit the Temporary Increase in H-2B Nonimmigrant Visas for FY 2025 page. This resource offers up-to-date information on visa availability and the application process.

While the cap for returning workers has been met, there are still opportunities for employers to file petitions under the country-specific allocation for nationals of certain countries. Employers should act quickly to ensure they do not miss out on the remaining available visas for the first half of FY 2025.