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The Department of Homeland Security (DHS) and the Department of Labor (DOL) have jointly issued a temporary final rule (TFR), making 64,716 additional H-2B nonagricultural worker visas available for fiscal year (FY) 2025. These supplemental visas are aimed at helping U.S. employers in industries that face labor shortages and struggle to find domestic workers who are willing, available, and qualified for temporary roles in sectors like hospitality, landscaping, tourism, seafood processing, and more.
This move is part of an ongoing effort to address labor needs in the U.S. economy, particularly for temporary, seasonal work. The supplemental H-2B visa allocation follows similar actions in previous years (FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024), all made possible by time-limited statutory authority granted by Congress.
Key Details of the Supplemental H-2B Visa Allocation for FY 2025
The 64,716 supplemental H-2B visas will be distributed across four specific allocations:
- First Half of FY 2025 (Oct. 1, 2024 – March 31, 2025):
- 20,716 visas will be available to returning workers—those who held an H-2B visa in FY 2022, 2023, or 2024, regardless of nationality.
- Petitions for these visas must request employment start dates on or before March 31, 2025.
- Early Second Half of FY 2025 (April 1, 2025 – May 14, 2025):
- 19,000 visas are reserved for returning workers from the previous fiscal years (2022, 2023, or 2024).
- Petitions for these visas must request employment start dates from April 1, 2025, to May 14, 2025.
- Late Second Half of FY 2025 (May 15, 2025 – Sept. 30, 2025):
- 5,000 visas will be available for returning workers from FY 2022, 2023, or 2024.
- These petitions must request employment start dates from May 15, 2025, to Sept. 30, 2025.
- Entirety of FY 2025:
- 20,000 visas are reserved for nationals of specific countries: Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras—regardless of whether they are returning workers or new applicants.
- Employers may begin filing petitions for the first half of FY 2025 visas immediately after the publication of this TFR. For the second half, petitions must be filed no earlier than 15 days after the statutory cap for the first half is reached.
Attestation and Labor Market Testing Requirements
To qualify for the supplemental H-2B visas, employers must attest that they are facing irreparable harm without the ability to hire the requested number of H-2B workers. Additionally, they must demonstrate through the DOL’s labor certification process that there are insufficient U.S. workers who are willing, able, and qualified to take the temporary jobs for which they seek foreign workers.
The certification process also ensures that hiring H-2B workers will not negatively affect the wages or working conditions of U.S. workers in similar positions. Employers must go through this procedure to verify that they have made good-faith efforts to recruit U.S. workers before turning to foreign labor.
Protections for H-2B Workers
The DHS and DOL are committed to protecting H-2B workers from exploitation and abuse. The new TFR includes provisions to ensure that employers comply with H-2B program requirements and safeguards for workers. For example, employers who have committed certain labor law violations in the past will face additional scrutiny in the petition process for the supplemental visas.
In addition, the DHS has taken steps to modernize the H-2B program. In September 2023, DHS published a notice of proposed rulemaking to improve both the H-2B and H-2A visa programs, with a focus on increasing protections for workers and providing more flexibility to employers.
Why the Supplemental H-2B Visas Matter
The H-2B program is critical for employers in industries that rely on temporary labor to meet seasonal demand. The program allows U.S. employers to hire foreign workers for nonagricultural jobs when they are unable to fill positions with domestic workers. This includes sectors such as hospitality, tourism, construction, and landscaping, where labor needs fluctuate throughout the year.
Secretary of Homeland Security Alejandro N. Mayorkas emphasized the importance of these supplemental visas: “There are employers across the country that would suffer greatly without H-2B workers. Authorizing these supplemental visas helps U.S. employers fill those positions. It helps fuel our economy and reduce irregular migration while also providing a safe and lawful pathway to the United States for noncitizens who are prepared to work.”
The 64,716 additional H-2B visas for fiscal year 2025 are a vital tool in addressing labor shortages in key industries across the U.S. While the new rule allows more foreign workers to fill temporary, nonagricultural positions, it also incorporates important protections to ensure that U.S. workers are not harmed by the influx of foreign labor. As always, employers must adhere to stringent labor market testing and demonstrate a genuine need for foreign workers.
By striking a balance between meeting labor demands and safeguarding workers’ rights, the expanded H-2B visa program represents a crucial policy tool for the U.S. economy in the coming years.
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