USCIS announced on Septemeber 19, 2024, that is had received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. Sept. 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. USCIS will reject new cap-subject H-2B petitions it receives after Sept. 18 that request an employment start date before April 1, 2025.
USCIS is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.
Erickson Insights & Analysis
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1-March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1-Sept. 30).
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.