The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) announced a joint temporary final rule to increase the number of H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024. This rule makes available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024. These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 16, 2024.
- The supplemental H-2B visa allocation consists of roughly 44,700 visas 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 remaining 20,000 visas are reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, and now Colombia, Ecuador, and Costa Rica, regardless of whether they are returning workers.
Allocation Dates
- For employers seeking nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica: Employers requesting an employment start date in the first half of FY 2024 may file such petitions immediately after the publication of this TFR. Employers requesting an employment start date in the second half of FY 2024 must file such petitions no earlier than 15 days after the second half of the statutory cap authorized under the Immigration and Nationality Act is reached, a date that USCIS will identify in a public announcement.
- For the first half of FY 2024 (Oct. 1 to March 31): There are 20,716 immediately available visas limited to returning workers regardless of country of nationality. These petitions must request employment start dates on or before March 31, 2024.
- For the early second half of FY 2024 (April 1 to May 14): There are 19,000 visas limited to returning workers regardless of country of nationality. These early second half of FY 2024 petitions must request employment start dates from April 1, 2024, to May 14, 2024. Furthermore, employers must file these petitions no earlier than 15 days after the second half statutory cap is reached, a date that USCIS will identify in a public announcement.
- For the late second half of FY 2024 (May 15 to Sept. 30): There are 5,000 visas limited to returning workers regardless of country of nationality. These late second half of FY 2024 petitions must request employment start dates from May 15, 2024, to Sept. 30, 2024. Furthermore, employers must file these petitions no earlier than 45 days after the second half statutory cap is reached, a date that USCIS will identify in a public announcement.
Petitions requesting supplemental allocations under this rule must be filed at the Texas Service Center. Petitions filed under the supplemental allocations in this rule at any location other than the Texas Service Center will be rejected and the filing fees will be returned.
Erickson Insights
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.