USCIS Reaches H-2B Visa Cap for FY 2025: Effects and Exemptions

USCIS has reached the cap for 19,000 additional H-2B visas for returning workers in FY 2025, impacting many applicants but not Indians. The announcement indicates that petitions submitted after April 18 will be rejected due to the closure of the cap.

The USCIS announced that it has reached the cap for an additional 19,000 H-2B visas for returning workers for the early second half of FY 2025. These visas are designated for temporary, seasonal, or peak load labor needs starting from April 1 to May 14, 2025. Notably, the agency has set aside 20,000 visas specifically for certain Central American countries, including El Salvador and Honduras, who are exempt from returning worker requirements.

Any petitions received after April 18, 2025, will be rejected due to the cap being met, which reflects the intense demand for these temporary worker visas. Importantly, Indian applicants are not affected by this update since they do not qualify for H-2B visas.

US businesses can file H-2B petitions if they can prove irreparable harm due to insufficient labor forces. Employers must request workers who have previously held H-2B status or are under specific country allocations. The H-2B visa cap is currently set at 66,000 annually, split evenly across two halves of the fiscal year, with specific time frames for application.

The recent USCIS announcement signifies the swift demand for H-2B visas, reaching its cap for the supplemental allocation in FY 2025. While this news is critical for many businesses needing temporary labor, it is pertinent that Indian applicants are not impacted due to their ineligibility for the H-2B visa program. The regulation emphasizes safeguarding U.S. businesses from potential labor shortages while maintaining specific requirements for labor visas.

Original Source: www.hindustantimes.com