Homeland Security to Authorize an Additional 65,000 H-2B Visas
The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), recently announced that it intends to authorize an additional 64,716 H-2B temporary nonagricultural worker visas available for fiscal year 2025.
The Department of Homeland Security announced it will be making an additional 64,716 H-2B temporary worker visas for fiscal year 2025. |
The additional visas are on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.
These additional H-2B visas represent the maximum permitted under the authority provided by Congress and are identical to the additional temporary visas provided in 2024.
American businesses in industries such as hospitality and tourism, landscaping, seafood processing, construction, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand for their goods and services. The supplemental visa allocation is intended to help address the need for seasonal and temporary workers in areas where too few U.S. workers are available.
At the same time, the government has put in place protections for American and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the H-2B program requires, and that foreign workers hired are not exploited by unscrupulous employers.
“The Department of Homeland Security is committed to further growing our nation’s strong economy,” said Secretary of Homeland Security Alejandro N. Mayorkas. “By maximizing the use of the H-2B visa program, DHS is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States."
The H-2B supplemental rule would include an allocation of 20,000 visas to workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica and a separate allocation of 44,716 supplemental visas that would be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years.
The regulation would allocate the supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season.
The H-2B visa program permits eligible employers to hire noncitizens to perform temporary nonagricultural labor or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, peak load need, or intermittent need.
The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.