US Expands H-2B Visa Program with 64,716 New Visas for FY 2025

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have announced a significant expansion of the H-2B visa program, offering a much-needed lifeline to US industries struggling with labour shortages.

The temporary final rule (TFR) will make available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2025.

Addressing Labor Shortages

This move is aimed at alleviating labour shortages in sectors like hospitality, tourism, landscaping, seafood processing, and many others. By providing a legal pathway for foreign workers, the US government aims to stimulate economic growth and reduce the risk of irregular migration.

“There are employers across the country that would suffer greatly without H-2B workers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Authorizing these supplemental visas helps U.S. employers fill those positions, fuel our economy, and provide a safe and lawful pathway to the United States for noncitizens who are prepared to work.”

Key Highlights of the H-2B Visa Expansion

Returning Workers: Approximately 44,700 visas are reserved for returning workers who held H-2B visas or status in FY 2022, 2023, or 2024.

Designated Countries: 20,000 visas are designated for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of previous H-2B status.

Breaking Down the H-2B Visa Allocations

DHS has divided the 64,716 additional H-2B visas for FY 2025 into four key periods, each with distinct eligibility criteria and filing timelines;

1. First Half of FY 2025

• Number of Visas: 20,716
• Who Qualifies: Returning workers who held H-2B visas or status in fiscal years 2022, 2023, or 2024.
• Employment Start Dates: On or before March 31, 2025.

2. Early Second Half of FY 2025

• Number of Visas: 19,000
• Who Qualifies: Returning workers from fiscal years 2022, 2023, or 2024.
• Employment Start Dates: April 1, 2025, to May 14, 2025.

3. Late Second Half of FY 2025

• Number of Visas: 5,000
• Who Qualifies: Returning workers from fiscal years 2022, 2023, or 2024.
• Employment Start Dates: May 15, 2025, to September 30, 2025.

4. Entire Fiscal Year 2025

• Number of Visas: 20,000
• Who Qualifies: Nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.
• Special Note: These visas are available throughout FY 2025, with filing eligibility based on when the petition is submitted.

Eligibility Requirements for Employers

Employers seeking H-2B workers must demonstrate:

• Irreparable Harm: They must attest that their business will suffer significant harm without access to H-2B workers.
• Labour Market Test: Employers must obtain certification from the DOL confirming the unavailability of qualified U.S. workers.
• Wage Protections: Hiring H-2B workers must not adversely affect wages or working conditions of similarly employed U.S. workers.

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

Worker Protection and Compliance

To ensure the well-being of H-2B workers and maintain industry standards, the TFR includes provisions to:

• Scrutinize Employers: Employers with a history of labour law violations will face stricter scrutiny.
• Modernize the Program: DHS is working on modernizing the H-2B and H-2A programs to provide greater flexibility and protections for workers.

What Is the H-2B Program?

The H-2B program allows US employers to temporarily hire foreign workers for nonagricultural jobs. The employment must be temporary and meet specific labour market needs. Employers must go through a rigorous process, including labour certification and wage requirements, to qualify for H-2B workers.

Additional Tips for Foreign Workers and Businesses

• Stay Updated: Keep an eye on immigration news and regulations for the latest updates.
• Consult with Immigration Attorneys: If you’re a business owner or an individual seeking to participate in the H-2B program, consult with an immigration attorney to ensure compliance.
• Plan Ahead: Start the H-2B visa process well in advance to avoid delays.

Final Words

With the addition of these 64,716 supplemental visas, the H-2B program remains a crucial tool for addressing labour shortages across various sectors. Employers and prospective workers should stay updated on filing requirements to benefit from this expanded opportunity.