Akash

On March 26, 2025, USCIS announced that it had reached the Congressionally-mandated cap on H-2B visas for temporary non-agricultural workers for the second half of fiscal year 2025 (April 1 to September 30). The final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before October 1, 2025, was March 5, 2025.

This early filling of the cap underscores the significant demand for temporary foreign labor in sectors such as hospitality, landscaping, and construction.

What This Means for Employers

Employers who missed the March 5 deadline will likely face considerable challenges in securing H-2B workers for the latter half of the fiscal year. This timing could be particularly problematic for businesses with seasonal needs that align with the spring and summer months.

Cap-Exempt Petitions

USCIS has clarified that certain types of H-2B petitions remain exempt from this cap:

Petitions for current H-2B workers in the US seeking to:

• Extend their stay
• Change the terms of their employment
• Change employers

Petitions for workers in specific industries:

• Fish roe processors
• Fish roe technicians
• Supervisors of fish roe processing

These exemptions provide some flexibility, particularly for employers working with existing H-2B workers or in these specialized fields.

Supplemental H-2B Visas Available

In a positive development for employers, USCIS has announced that filing dates for supplemental H-2B visas for the remainder of FY 2025 are now available. These supplemental visas, authorized by Congress beyond the annual cap, are designed to address temporary labor shortages.

Supplemental Visa Filing Schedule

The filing dates for supplemental H-2B visas are staggered based on employment start dates and specific worker categories:

Category of Worker Filing Start Date Employers seeking workers in CNMI and Guam, and employers with valid H-2B petitions from the first half of FY 2025 requesting to change the date needed or place of employment January 25, 2025 Employers seeking workers in CNMI and Guam, and employers with valid H-2B petitions from the first half of FY 2025 requesting to change the date needed or place of employment February 26, 2025 Employers seeking workers with employment start dates from April 1, 2025, through May 14, 2025 March 6, 2025 Employers seeking workers with employment start dates from May 15, 2025, through June 30, 2025 March 27, 2025 Employers seeking workers with employment start dates from July 1, 2025, through September 30, 2025 (includes one-time cap increase and cap-exempt employers) May 28, 2025

Strategic Considerations for Employers

Given the competitive nature of the H-2B program and the early reaching of the cap, employers should consider the following strategies:

Plan ahead for future seasons: Begin preparing H-2B petitions well in advance of anticipated need.

Explore supplemental visa options: Determine if your business qualifies for any of the supplemental visa categories and prepare to file on the appropriate date.

Consider cap-exempt workers: If possible, look into hiring workers who are already in H-2B status and wish to extend or transfer.

Diversify recruitment strategies: Develop contingency plans for domestic recruitment if H-2B workers cannot be secured.

Consult with immigration counsel: Work with experienced immigration attorneys who can navigate the complexities of the H-2B program and identify all available options.

Looking Ahead

The early reaching of the H-2B cap highlights the ongoing tension between the high demand for temporary workers in certain industries and the limited number of visas available under current law. Employers who rely on this program should continue to monitor potential legislative changes that might affect the H-2B program and consider engaging with industry associations that advocate for program improvements.

For the most current information on H-2B visa availability and filing procedures, employers should regularly check the USCIS website and consult with qualified immigration counsel.