DHS to Supplement H-2B Cap for FY 2024

On Friday, November 3, the Department of Homeland Security (DHS) and Department of Labor (DOL), announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2024. These are in addition to the congressionally mandated 66,000 H-2B visas that are available each fiscal year. The additional H-2B visas are the maximum permitted under the September 2023 Fiscal Year 2024 Continuing Resolution.

  • The H-2B supplemental is expected to include an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. This country specific allocation is part of the Biden administration’s efforts to deter unauthorized migration.
  • 44,716 supplemental visas 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. These visas will be allocated 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.
Erickson Insights

Additional details on H-2B program safeguards, as well as eligibility and filing requirements, will be available in the temporary final rule when published and on the USCIS webpage.

Erickson Immigration Group will continue to monitor developments and share 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.