US Doubles H-2B Visa Cap for 2025 to Tackle Seasonal Worker Shortages

The US has announced a significant increase in the H-2B temporary nonagricultural worker visa cap for the fiscal year 2025. In a recent update, the Department of Homeland Security (DHS), revealed plans to provide an additional 64,716 H-2B visas for 2025, doubling the number available to U.S. employers.

What Is the H-2B Visa?

The H-2B visa program allows U.S. employers to hire foreign nationals for temporary nonagricultural roles when there are not enough American workers available. The program covers a range of industries, including hospitality, tourism, landscaping, and seafood processing, which rely heavily on seasonal and temporary labour.

2025 H-2B Visa Cap Breakdown

Currently, Congress sets the H-2B visa cap at 66,000 annually. These are split between:

• 33,000 visas for the first half of the fiscal year (October 1 – March 31)
• 33,000 visas for the second half (April 1 – September 30)

For 2025, the additional 64,716 visas will supplement the existing cap, providing more opportunities for U.S. businesses to hire temporary foreign workers.

Eligibility and Application Process

Foreign nationals interested in the H-2B visa must meet specific requirements. The employment must be temporary, fitting into one of these categories:

• One-time occurrence
• Seasonal need
• Peak-load need
• Intermittent need

Prospective employers must first file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This petition needs approval before the worker can apply for a temporary employment visa.

How Employers Can Access H-2B Workers

To hire under the H-2B program, employers must follow a stringent process:

1. Test the U.S. Labor Market: Employers must prove to the Department of Labor that there are not enough U.S. workers available, willing, and qualified for the role.
2. Certification: Obtain certification that hiring H-2B workers will not negatively impact the wages and working conditions of U.S. employees in similar roles.

These measures ensure that American workers are given priority before the approval of foreign labour.

Stay Limits and Requirements for H-2B Workers

H-2B visa holders are allowed to stay in the U.S. for a maximum of three years. After completing this period, they must leave the country for at least three months before reapplying for another H-2B visa.

Also Read: US Announces Eligible Countries for H-2A and H-2B Visa Programs

DHS and DOL’s Visa Allocation Role

The DHS and DOL have a history of issuing extra H-2B visas, including in 2017, 2018, 2019, and 2021-2024, to address labor shortages. The 2025 allocation aims to help U.S. businesses meet temporary workforce demands, especially in sectors facing worker shortages.

Protecting Workers’ Rights

Alongside expanding the H-2B program, DHS and DOL have implemented strict safeguards to protect both American and foreign workers:

• Employers are required to make significant efforts to recruit U.S. workers first.
• Protections are in place to prevent the exploitation of foreign workers by ensuring fair wages and work conditions.

Specific Allocations for FY 2025

For the 2025 fiscal year, the supplemental visas will be divided as follows:

• 20,000 visas will be designated for workers from Central American and Caribbean countries such as Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
• 44,716 visas will be reserved for returning workers who held H-2B status in one of the last three fiscal years.

These allocations aim to balance the needs of employers across both halves of the fiscal year. A portion will be specifically reserved to cover high demand during peak summer months.

Who Benefits from the Increased Cap?

The additional H-2B visas will primarily benefit:

US Employers: Businesses in industries that rely on seasonal labour will have access to a larger pool of workers, allowing them to meet increased demand and avoid potential disruptions.

Foreign Workers: Qualified individuals from countries like Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica will have more opportunities to work legally in the US, earning higher wages and contributing to their home economies.

Final Words

The U.S.’s decision to double the H-2B visa cap for 2025 highlights the government’s commitment to supporting sectors reliant on temporary labour. While the expansion benefits American businesses, it also comes with measures to safeguard worker rights, making the process fair and balanced for both employers and employees.