US to issue 64,716 additional H-2B visas for FY 2025: Who is eligible?

The United States Department of Homeland Security (DHS) on Monday announced plans to make an additional 64,716 H-2B visas available for financial year 2025. These visas will supplement the 66,000 H-2B visas mandated annually by the government, as part of ongoing efforts to address labour shortages in sectors that rely on temporary, non-agricultural workers. However, Indian nationals cannot apply for the visa, as per the DHS’s updated list of eligible countries.

 

The announcement marks the third consecutive year the DHS has expanded the H-2B visa programme. DHS Secretary Alejandro N Mayorkas said the move supports US businesses while enhancing worker protections. “By maximising the use of the H-2B visa programme, the Department of Homeland Security is helping to ensure the labour needs of American businesses are met,” Mayorkas said.

 

 

"It will also deter irregular migration and protect consumer pricing," he added.

 

Extra H-2B visas available for returning workers

 

Of the 64,716 additional visas available for 2025, 44,716 are designated for workers returning to the US under the H-2B status from the last three years.

 

The agencies will publish a temporary final rule soon, with further details on the expanded visa quota.

 

What is the H-2B visa?

 

The H-2B visa caters to temporary non-agricultural roles, particularly in fields such as construction, forestry, and landscaping. Employers must demonstrate the following requirements:

 

Insufficient availability of US workers for the job

No adverse impact on wages or conditions of US workers

A temporary need for the worker’s services

Compliance with wage regulations, paying at or above the prevailing, federal, state, or local minimum wage, whichever is highest

 

The application begins with the employer submitting Form I-129, the Petition for a Nonimmigrant Worker. This form must secure approval from both the US Department of Labour (DOL) and USCIS. After this, applicants can proceed to file for their visa through an electronic DS-160 form or apply via the interview waiver process.

 

India excluded from H-2B visa eligibility

 

Indian nationals remain ineligible for the H-2B visa, following the DHS’s updated list of eligible countries. This restriction means that citizens of India are barred from applying for the H-2B visa, in contrast to nationals of countries such as Andorra, Australia, Brazil, and Canada, who remain eligible.

 

Why some countries are excluded

 

The US Citizenship and Immigration Services (USCIS) has outlined several reasons for excluding certain countries from the H-2B visa programme. These include:

 

Evidence of visa fraud or abuse

High visa denial or overstay rates

Human trafficking concerns

Non-compliance with visa regulations

 

USCIS indicates that these issues, if present, could harm US interests, leading to a country’s removal from the eligibility list.

 

How to apply for the H-2B visa: Step-by-step guide

 

1. Employer files Form I-129 

The US employer files Form I-129 with USCIS on behalf of the prospective worker.

 

2. Labour certification approval  

The DOL reviews the certification to confirm there are no qualified US workers for the role and to ensure hiring foreign workers won’t negatively impact US labour conditions.

 

3. Petition approval by USCIS  

USCIS evaluates the petition and, if approved, issues Form I-797B, indicating the green light for the worker.

 

4. Visa application  

The worker applies for the visa using the electronic DS-160 form, a standard nonimmigrant visa application. Some applicants may qualify for an interview waiver.

 

5. Visa issuance  Upon approval, the applicant receives the H-2B visa, authorising temporary work in the US.