The US Citizenship and Immigration Services (USCIS) announced it has reached the cap for 20,716 additional H-2B returning worker visas for the first half of the 2025 financial year, with start dates on or before March 31, 2025. This falls under the H-2B supplemental cap temporary final rule for FY 2025.
Indian nationals remain excluded from eligibility for the H-2B visa, as per the Department of Homeland Security’s (DHS) updated list of eligible countries.
What is the H-2B visa?
It is different from H-1B visa for which Indians are eligible. While both are temporary work visas for the US, they cater to different types of employment and workers:
H-1B visa is for skilled workers in specialised fields such as technology, engineering, medicine, or education. Applicants require a bachelor's degree or higher, and the visa is used for jobs that demand advanced knowledge. It's capped annually, with a preference for high-demand roles.
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H-2B visa is meant for temporary, non-agricultural workers in roles like hospitality, landscaping, or construction. It’s for positions where there’s a seasonal or peak-load demand, and employers must prove no qualified US workers are available. This visa also has an annual cap.
Simply put, H-1B is for highly skilled professionals, while H-2B is for temporary low-skill or seasonal jobs.
For H-2B visa, employers must show:
Insufficient US workers available for the job
No adverse effects on the wages or conditions of US workers
A temporary need for the worker’s services
Compliance with wage regulations, ensuring pay at or above the highest of the prevailing, federal, state, or local minimum wage
The process begins with employers filing Form I-129, Petition for a Nonimmigrant Worker, which requires approval from both the US Department of Labour (DOL) and USCIS. After that, applicants can proceed with the DS-160 form or use the interview waiver process.
India excluded from the eligibility
Indian nationals are not allowed to apply for the H-2B visa. The DHS continues to limit eligibility to nationals of countries like Andorra, Australia, Brazil, and Canada.
But why?
According to USCIS, countries may be excluded due to issues such as:
Visa fraud or abuse
High visa denial or overstay rates
Concerns over human trafficking
Non-compliance with visa regulations
“These issues, if present, can harm the US interests,” USCIS noted.
Remaining visa allocations
The USCIS is still accepting petitions for the 20,000 visas allocated for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, as well as petitions for workers exempt from the cap.
As of January 7, 2025, USCIS had received petitions for 3,678 workers under the 20,000 visas set aside for these countries.
Key updates to the H-2B programme
The maximum period of stay under the H-2B classification remains three years, after which workers must depart the US for at least three months before reapplying. However, a new rule now offers a uniform 60-day grace period following the end of employment, allowing workers to seek new jobs or prepare to leave the US without violating their status.
For FY 2025, Congress has allocated 66,000 H-2B visas, divided evenly between the first and second halves of the fiscal year. Additionally, the US plans to issue 64,716 supplemental visas:
< 44,716 for returning workers
< 20,000 for specific nationals exempt from the returning worker requirement
New form requirements
A revised Form I-129 will be required for all petitions starting January 17, 2025, to align with the rule’s effective date.
Next steps for employers
Employers whose petitions were not accepted under the returning worker cap can still file under the country-specific allocation or for exempt workers. Additional visas for the second half of FY 2025 will be issued in two phases:
Early second half (April 1 – May 14): 19,000 visas for returning workers
Late second half (May 15 – September 30): 5,000 visas for returning workers