USCIS Announces Key Updates for H-2B Visa Program in 2024

The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of petitions to meet the congressionally mandated H-2B cap for the second half of Fiscal Year (FY) 2024.

This means that as of March 7, 2024, the final receipt date, new cap-subject H-2B worker petitions requesting an employment start date between April 1, 2024, and October 1, 2024, will no longer be accepted. USCIS also stated that any petitions received after this date will be rejected.

Supplemental H-2B Visas

However, there’s good news! USCIS is offering supplemental H-2B visas for certain situations. Here’s a breakdown of what you need to know:

Who is still eligible to file H-2B petitions?

• Employers seeking to extend the stay of current H-2B workers in the U.S.
• Employers in specific industries like fish processing.
• Businesses in Guam and the Northern Mariana Islands (until Dec. 31, 2029).

Filing for Supplemental H-2B visas

The Department of Homeland Security (DHS) created a program offering additional H-2B visas. These are available to businesses that can demonstrate “irreparable harm” without the extra workers.

Also Read: US to Issue Additional H-2B Visas to Unskilled Workers

Filing Dates for Supplemental Visas

In response to the increased demand for H-2B visas, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule on November 17, 2023.

This rule increases the numerical limit on H-2B nonimmigrant visas by up to 64,716 additional visas for FY 2024. These supplemental visas are available to U.S. businesses facing irreparable harm without additional H-2B workers.

Below are the filing start dates for each remaining supplemental visa allocation under the temporary final rule:

1. Employers from Eligible Countries: USCIS will begin accepting petitions from employers seeking workers from specific countries from April 1, 2024, to September 30, 2024, starting March 22, 2024.
2. Returning Workers: USCIS will begin accepting petitions for returning workers for the early second half of FY 2024 (April 1 to May 14) on March 22, 2024, and for the late second half of FY 2024 (May 15 to September 30) on April 22, 2024.

USCIS will stop accepting petitions under this temporary final rule after September 16, 2024, or once the applicable cap has been reached.

Changes in Required Fee and Form

Starting April 1, 2024, USCIS will implement changes to the fees required for most immigration applications and petitions. Additionally, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required, effective the same date.

There will be no grace period for filing the new version of the form, and petitions postmarked on or after April 1, 2024, must include the new fees and be filed on the updated edition of Form I-129.

Conclusion

In conclusion, staying informed about the latest updates in the H-2B visa program is crucial for employers navigating the FY 2024 regulations. With changes in filing dates, caps, and fees, proactive compliance is essential for smooth operations.