USCIS Announces Cap Reached for Additional H-2B Visas, India Exempt

USCIS has filled the 19,000 cap for additional H-2B visas for returning workers for FY 2025, while 20,000 visas are allocated for certain countries. India is not affected as its nationals are ineligible for this visa. Post-April 18 petitions will be rejected, with specific provisions for companies facing severe financial strains.

The United States Citizenship and Immigration Services (USCIS) recently announced that it has received sufficient petitions to fill the cap for an additional 19,000 H-2B visas designated for returning workers during the early part of fiscal year 2025. Notably, 20,000 of these visas are reserved for nationals from specific countries, including El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, which do not have to meet the returning worker criterion.

As per USCIS’s announcement dated April 18, 2025, the agency noted that petitions submitted after this date would be rejected due to the fulfillment of the cap for the additional H-2B visas available for the period from April 1 to May 14, 2025. This update reflects the application volume from businesses needing temporary foreign labor in non-agricultural sectors during that timeframe.

Importantly, applicants from India will not be affected by this news, as they are ineligible for the H-2B visa program. The H-2B visa permits foreign nationals to work temporarily in the United States for seasonal or intermittent labor in non-agricultural fields.

US businesses facing severe financial difficulties due to the inability to employ H-2B workers may submit petitions under the expanded allocation. Employers can only petition for workers who have previously been issued an H-2B visa or granted H-2B status in fiscal years 2022, 2023, or 2024, except for those seeking under the 20,000 country-specific allocation. Presently, the H-2B visa cap is established at 66,000 annually, divided equally between the two halves of the fiscal year.

In summary, the USCIS’s recent alert indicates that the cap for an additional 19,000 H-2B visas has been reached, affecting prospective applicants except those from India, who are not eligible for this visa. The focus remains on those businesses that can demonstrate potential financial harm if they do not receive their requested labor force. The ongoing allocation for the H-2B visa program continues to reflect specific priorities for labor needs within the U.S., particularly for seasonal and non-agricultural roles.

Original Source: www.hindustantimes.com