H-2B visa cap for FY 2025 reached, says USCIS: Here's what you must know

USCIS has confirmed that the final date for receiving petitions for H-2B visa was September 18

If you're looking to apply for an H-2B visa in the US, it might be too late for now. The United States Citizenship and Immigration Services (USCIS) has announced that the cap for the first half of the financial year 2025 has already been reached.

Through a recent statement, USCIS confirmed that the final date for receiving petitions was September 18. This applies to all new H-2B worker petitions for temporary non-agricultural workers, with requested start dates before April 1, 2025. “September 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025,” USCIS said. “We will reject new cap-subject H-2B petitions we receive after Sept. 18 that request an employment start date before April 1, 2025.”

Which petitions are still being accepted?

Although the cap has been reached, USCIS clarified that it will continue accepting certain petitions that are exempt from the congressionally mandated cap. These include:

H-2B workers already in the US who change employers, extend their stay, or modify their employment terms

Fish roe processors, supervisors of fish roe processing, and fish roe technicians

Workers offering services in the Commonwealth of the Northern Mariana Islands and Guam from November 28, 2009, to December 31, 2029

The H-2B visa programme aims to fill gaps in non-agricultural sectors with temporary workers. These visas allow foreign workers to stay in the US for a limited period, catering to industries that experience labour shortages.

Extra visas for FY 2024 announced

In November 2023, USCIS announced the availability of an additional 64,716 H-2B visas for the financial year 2024. This was over and above the existing cap of 66,000 visas. The decision, which was part of broader efforts by the US government, was geared towards sectors like hospitality, tourism, seafood processing, and landscaping.

The agency also stated, “The temporary final rule advances the Biden Administration’s pledge, under the Los Angeles Declaration for Migration and Protection, to expand lawful pathways as an alternative to irregular migration.”

This expansion aims to address labour shortages faced by various US industries by making it easier for businesses to access international workers.

1. Of the total 64,716 visas, 20,000 were allocated to workers from countries such as Colombia, Costa Rica, Ecuador, El Salvador, Haiti, and Honduras.

2. The remaining 44,716 visas were reserved for returning workers who had previously held H-2B visas or received H-2B status in the last three financial years.

Who qualifies for an H-2B visa?

The H-2B visa is designed for temporary non-agricultural work in sectors such as construction, forestry, and landscaping. To qualify, employers must demonstrate the following:

* No sufficient US workers are available for the job

* Employing H-2B workers will not negatively impact the wages or conditions of similar US workers

* The need for the worker's services is temporary

* The employer will pay the worker a wage equal to or higher than the prevailing wage, federal or state minimum wage, or local minimum wage, whichever is higher

The application process includes filing Form I-129, a Petition for a Nonimmigrant Worker, which must be approved by both the US Department of Labour and USCIS. Once approved, applicants can proceed to file for a visa via an electronic DS-160 form or interview waiver process.

No H-2B visas for Indian nationals

India remains ineligible for the H-2B visa programme, with the US Department of Homeland Security maintaining a list of eligible countries. This means that Indian nationals cannot apply for this visa.

Countries that are eligible for the H-2B visa include Andorra, Australia, Barbados, Brazil, Canada, Colombia, Costa Rica, and many others.

Why are some countries ineligible?

USCIS has outlined various factors that could lead to a country being excluded from the H-2B visa programme. These include:

- Fraud or abuse within the visa system

- High denial or overstay rates

- Concerns over human trafficking

- Non-compliance with visa terms

According to USCIS, these factors can harm US interests and lead to a country's removal from the list of eligible nations.

How to apply for an H-2B visa

To apply for an H-2B visa, employers and workers must follow a set process. Here's a step-by-step guide:

1. Employer files Form I-129

The employer in the US must first file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the foreign worker. This petition is submitted to USCIS.

2. Labour certification approval

The US Department of Labour must approve the labour certification, ensuring there are no qualified US workers available for the job and that hiring foreign workers will not affect the wages or working conditions of US workers.

3. USCIS petition approval

Once the petition is filed, USCIS reviews it, and if approved, they issue a Form I-797B. This document indicates that the petition for the foreign worker has been approved.

4. Visa application

The foreign worker can then apply for a visa by submitting an electronic DS-160 form, which is the nonimmigrant visa application.

In some cases, workers may qualify for an interview waiver, depending on their circumstances and prior visa history.

5. Receive visa

Once the application is processed and approved, the worker will receive the H-2B visa, allowing them to work temporarily in the US.