USCIS Reaches H-2B Visa Cap: Key Insights for Applicants and Employers

The USCIS has reached the cap for an additional 19,000 H-2B visas for fiscal year 2025. Indian applicants are not affected, as they do not qualify for this visa category, which is primarily for non-agricultural seasonal work. Businesses facing financial hardships may file specific petitions under this temporary increase in visas.

On Wednesday, the United States Citizenship and Immigration Services (USCIS) announced that it has reached the cap for an additional 19,000 H-2B visas designated for returning workers for the early second half of the fiscal year 2025. Petitions submitted after April 18, 2025, will be rejected, as sufficient applications have already been received. Additionally, 20,000 visas are reserved for nationals from specific countries such as El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, which are exempt from returning worker requirements.

H-2B visa applicants from India are unaffected by this announcement, as they are not eligible for this particular visa. This visa category allows foreign workers to undertake temporary, non-agricultural jobs in the United States on a seasonal or peak load basis. The USCIS states that businesses may file petitions when experiencing potential irreparable harm if unable to employ the requested H-2B workers.

Employers can only request workers who previously received an H-2B visa or were granted H-2B status in fiscal years 2022, 2023, or 2024, unless applying under the designated 20,000 visas. It is worth noting that the overall cap for H-2B visas is set at 66,000 per fiscal year, split equally between the two half-year periods.

In summary, the USCIS has announced the cap for additional H-2B visas has been reached, with potential repercussions for U.S. businesses seeking to hire foreign workers. Indian applicants remain unaffected as they do not qualify for the H-2B visa, which is aimed at non-agricultural labor. Employers must be aware of the specific conditions and caps associated with H-2B visas in order to navigate the application process effectively.

Original Source: www.hindustantimes.com