USCIS Announces Temporary Increase in H-2B Visas for Fiscal Year 2024
The U.S. Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has issued a new temporary rule that increases the number of H-2B visas for fiscal year 2024. This change allows for an additional 64,716 H-2B visas to be made available, in addition to the annual legal cap of 66,000 visas. These visas are designated for temporary non-agricultural workers, a measure aimed at meeting the demand from U.S. employers in industries reliant on seasonal labor.
You may also read: “New Executive Measures to Combat the Abuse of the De Minimis Exemption in Shipments to the United States“
The H-2B Program and the Annual Cap
The H-2B program was created by Congress to allow U.S. employers to hire foreign workers to fill temporary, non-agricultural jobs. Under the Immigration and Nationality Act (INA), the maximum number of H-2B visas issued each year is capped at 66,000. This cap is divided into two parts: 33,000 visas for the first half of the fiscal year (from October 1 to March 31) and 33,000 for the second half (from April 1 to September 30). If any visas go unused in the first half, they may be reallocated to the second half of the year, but they do not carry over to the next fiscal year.
Exemptions to the H-2B Visa Cap
Not all H-2B visa applicants are subject to this cap. Workers already in the United States under H-2B status who wish to extend their stay, change employers, or modify the terms of their employment are not counted toward the cap. Additionally, certain groups of workers, such as fish roe processors, technicians and supervisors in that sector, as well as those working in Guam or the Northern Mariana Islands until December 2029, are exempt from the cap.
Cap Reached for Fiscal Year 2025
On September 19, 2024, USCIS announced that enough petitions had been received to reach the 33,000 H-2B visa cap for the first half of fiscal year 2025. This means that petitions filed on or after September 18, 2024, requesting employment start dates before April 1, 2025, will no longer be accepted if they are subject to the cap.
Reporting Fraud in the H-2B Program
USCIS encourages both workers and employers to report any suspicions of fraud or abuse in the H-2B program. Reports can be submitted via an online form available on the USCIS website.
This temporary increase in the availability of H-2B visas for fiscal year 2024 is intended to alleviate the shortage of temporary labor and support U.S. employers in key sectors reliant on seasonal workers. For more information about this program, please visit the official H-2B program page on the USCIS website.
For more information on these topics, visit Paralegal Clases’ social media pages and join our live sessions every Wednesday.
Instagram: @Paralegalclases
Facebook: Instituto Paralegal de las Américas
Youtube: Instituto Paralegal
Tiktok: @Paralegalnews
