New Filing Dates Announced, But What Do Employers Need to Know?
The U.S. Citizenship and Immigration Services (USCIS) announced it has reached the H-2B visa cap for the second half of fiscal year 2025. The agency will no longer accept new cap-subject petitions for H-2B workers requesting employment between April 1 and September 30, 2025.
However, there’s still hope for employers in urgent need of seasonal or temporary workers. USCIS also released filing dates for supplemental H-2B visas, which are now available under a special allocation for FY 2025.
What Is the H-2B Visa?
The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural temporary or seasonal jobs when no qualified U.S. workers are available.
While demand remains high, the number of visas issued is capped by Congress. For FY 2025, USCIS hit the statutory limit as of March 5, 2025.
What Happens Now?
USCIS will reject all new cap-subject H-2B petitions received after March 5 that request employment start dates between April 1 and October 1, 2025.
But thanks to a temporary final rule issued by the Department of Homeland Security (DHS) and Department of Labor (DOL), an additional 64,716 visas are available for the year.
These supplemental H-2B visas are reserved for:
- Returning workers (those who held H-2B status in 2022, 2023, or 2024)
- Nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (no prior H-2B status required)
Employers must prove they will face irreparable harm without these workers.
Key Filing Dates for Supplemental H-2B Visas
Here’s when eligible employers can start applying under each allocation:
| Visa Allocation | Visas Available | Employment Start Dates | Filing Opens |
|---|---|---|---|
| Returning Workers (Early Second Half) | 19,000 | April 1 – May 14, 2025 | March 20, 2025 |
| Returning Workers (Late Second Half) | 5,000 | May 15 – Sept. 30, 2025 | April 21, 2025 |
| Country-Specific Allocation (Full Year) | 20,000 | Oct. 1, 2024 – Sept. 30, 2025 | Ongoing (varies by start date) |
As of March 27, about 12,862 country-specific visas remain available.
Important Filing Guidelines
To avoid rejections:
- Petitions must be filed at the Texas Service Center
- Start dates must match the approved Temporary Labor Certification (TLC)
- Employers must file separate petitions for returning workers and country-specific workers
- Only one visa allocation can be selected per petition
- All petitions must include Form ETA 9142-B-CAA-9 and the required attestation
If you request a change of status for a worker already in the U.S., USCIS will deny the change, but may still approve the petition for H-2B classification.
Workers must then apply for an H-2B visa abroad and enter the U.S. at a port of entry.
Why It Matters
The temporary increase in H-2B visas helps U.S. businesses avoid critical labor shortages. However, this statutory flexibility is temporary and only applies to FY 2025.
The final rule issued in December 2024 also aims to modernize the H-2 programs, making it easier for qualified employers to access needed labor while protecting U.S. workers.
Employers are urged to act fast. Once supplemental visa caps are met, no more petitions will be accepted.
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