As of March 26, 2025, the United States Citizenship and Immigration Services (USCIS) has reached the H-2B visa cap for the second half of Fiscal Year (FY) 2025. However, additional filing opportunities are now available under a temporary cap increase. This expansion provides new options for U.S. employers and foreign workers, particularly those with prior H-2B experience or from eligible countries.
Overview of the H-2B Visa
The H-2B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers for temporary non-agricultural jobs in sectors such as hospitality, construction, and landscaping when qualified U.S. workers are unavailable.
Due to high demand, the H-2B cap for FY 2025’s second half was reached on March 5, 2025. However, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a temporary final rule authorizing 64,716 additional visas for the remainder of the fiscal year.
Who Can Apply?
- U.S. Employers: Must demonstrate that they will face significant financial hardship without the requested H-2B workers.
- Returning Workers: Those who previously held H-2B status or received an H-2B visa in FY 2022, 2023, or 2024.
- Eligible Nationals: Citizens of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of prior H-2B status.
This expansion aims to address workforce shortages while providing employment opportunities for foreign workers under temporary visa conditions.
Important Filing Dates You Need to Know for Second Half of 2025
Following is the summary of new filing dates for second half of application submissions for H-2B visas:
| Visa Category | Visas Available | Employment Start Dates | Filing Begins |
|---|---|---|---|
| Returning Worker Allocation #1 | 19,000 | April 1 – May 14, 2025 | March 20, 2025 |
| Returning Worker Allocation #2 (Late Season) | 5,000 | May 15 – Sept. 30, 2025 | April 21, 2025 |
| Country-Specific Allocation | 20,000 | Oct. 1, 2024 – Sept. 30, 2025 | March 20, 2025 (for start dates after April 1, 2025) |
How to Apply for the Additional H-2B Visa
To apply for the supplemental H-2B visas, employers must follow these steps:
- Obtain a Temporary Labor Certification (TLC)
- Secure an approved TLC from the Department of Labor that aligns with the employment period stated in the petition.
- File Form I-129
- Submit Form I-129 to USCIS along with the required filing fees.
- Submit Attestation Form ETA 9142-B-CAA-9
- Provide a signed attestation confirming that the business is experiencing or will experience irreparable harm without the requested H-2B workers.
- Specify Visa Allocation Category
- Indicate whether the petition falls under the early second half, late second half, or country-specific allocation. Only one category can be selected per petition.
- Maintain Supporting Documentation
- Retain records demonstrating irreparable harm and worker eligibility for at least three years in case of audits or reviews by the Department of Homeland Security (DHS) or the Department of Labor (DOL).
Application Deadline
- The deadline for filing FY 2025 supplemental H-2B visa petitions is September 15, 2025.
- USCIS will reject petitions submitted after this date and deny any pending petitions that are not approved by October 1, 2025.
- Petitions with a start date after September 30, 2025, will be considered under the FY 2026 cap.
