On April 23, 2025, the U.S. Citizenship and Immigration Services (USCIS) officially announced that it has reached the cap for the additional 19,000 H-2B visas allocated for returning workers in the early second half of Fiscal Year (FY) 2025. These visas were made available under the Temporary Final Rule (FY 2025 TFR) and cover employment start dates between April 1 and May 14, 2025.
The final receipt date for petitions under this returning worker allocation was April 18, 2025. Employers who did not submit their petitions by this date will no longer be eligible for this supplemental cap allocation.
What This Means for Employers and Workers
The H-2B visa program allows U.S. employers to hire foreign nationals for non-agricultural temporary work when there are not enough qualified U.S. workers available. Due to labor shortages in industries such as hospitality, landscaping, construction, and seafood processing, the demand for these visas often far exceeds the standard cap.
The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), issued a Temporary Final Rule that made additional H-2B visas available for returning workers. These returning workers are those who held H-2B status in the past three years and are therefore considered more likely to integrate into U.S. workforces efficiently.
Now that this cap has been met, no further petitions under the early second half returning worker allocation will be accepted. However, USCIS may still accept petitions for other H-2B visa categories as outlined in the FY 2025 rule.
Alternative Visa Options for Employers and Workers
For employers and foreign workers who missed this supplemental cap, several other visa pathways may provide viable alternatives:
1. H-2B Cap-Exempt Petitions
Employers may still file for H-2B workers who are exempt from the cap, such as:
- Workers employed by certain U.S. territories
- Workers providing services essential to U.S. national interests (on a case-by-case basis)
2. H-2A Visa for Agricultural Workers
For roles tied to seasonal agricultural labor, the H-2A visa may be an appropriate option. This category remains uncapped and is often more flexible in terms of approval.
3. J-1 Exchange Visitor Program
For positions in hospitality, tourism, or cultural exchange, a J-1 visa can offer a temporary path into the U.S. for eligible participants.
4. L-1 Intra-Company Transfer Visa
If the worker is currently employed by a related foreign entity, the L-1 visa may allow them to be transferred to a U.S. branch.
At Ahluwalia Law Offices P.C., we understand the urgency and complexity of temporary employment-based immigration matters. If you or your organization were impacted by the H-2B cap, we are here to assist in evaluating your options and guiding you through alternative visa pathways.
For accurate updates, always refer to the official USCIS website or consult directly with an experienced immigration attorney.
