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  5. Temporary Increase in H-2B Nonimmigrant Visas for FY 2025

Temporary Increase in H-2B Nonimmigrant Visas for FY 2025

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ALERT: As of April 18, 2025, USCIS has received enough petitions to reach the additional 19,000 H-2B visas made available for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025, under the FY 2025 H-2B supplemental cap temporary final rule.

We will reject and return any cap-subject petitions received after April 18, 2025, for H-2B returning workers with start dates from April 1 to May 14, 2025, together with any accompanying fees. Read more: Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2025.

On Dec. 2, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025.

These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.

This rule authorizes H-2B supplemental visas for the entirety of FY 2025. To assist U.S. businesses that need workers to begin work on different start dates, the supplemental visas will be distributed in several allocations, including two separate allocations for the second half of FY 2025. See “Allocation of Supplemental Visas” below.

Of the 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last 3 fiscal years). The remaining 20,000 visas are set aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement. See “Who Can Petition for the Additional Visas” below. To qualify for the additional 64,716 visas, petitions must be received at the filing location designated at the time of filing, which is currently the Texas Service Center, by Sept. 15, 2025.

This increase is based on time-limited statutory authority that does not affect the H-2B program in future fiscal years.

This increase in the cap is in accordance  with sections 101(6) and 106 of Division A, Title I of the Continuing Appropriations and Extensions Act, 2025, Public Law 118-83, which extended the authorization previously provided in section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public Law 118-47 , which gave the secretary of DHS the authority to make available additional H-2B visas for FY 2025. Before authorizing the additional visa numbers, the secretary of homeland security, in consultation with the secretary of labor, considered the needs of businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program. On December 18, 2024, the Department of Homeland Security (DHS) published a final rule that will modernize and improve the H-2 nonimmigrant visa programs, and will, among other things,  allow qualified U.S. employers who are unable to hire qualified U.S. workers to petition for foreign nationals to more quickly and efficiently fill temporary or seasonal agricultural and nonagricultural jobs.  The final rule will go into effect on January 17, 2025. 

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Who Can Petition for the Additional H-2B Visas

Only U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm (permanent and severe financial loss) if they cannot employ all the H-2B workers that they request on their Form I-129 petition may file H-2B petitions under this temporary increase. In addition, employers may only request workers who have been issued an H-2B visa or otherwise granted H-2B status in FY 2022, 2023, or 2024, unless they are petitioning for workers under the 20,000 country-specific allocation.

The joint temporary final rule provisions pertaining to the 64,716 supplemental visas do not apply to petitions that are not subject to the H-2B cap, including those petitions filed for an H-2B extension of stay request or on behalf of certain fish roe processors. Those petitions may continue to be filed under the normal rules of the H-2B program. 

Allocation of Supplemental Visas

The 64,716 visas are divided into the following allocations:

  • For the first half of FY 2025 (Oct. 1 through March 31): 20,716 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These petitions must have requested employment start dates on or before March 31, 2025.  As of Jan. 7, 2025, USCIS had received enough petitions to reach the cap for this allocation;
  • For the early second half of FY 2025 (April 1 through May 14): 19,000 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality.  These early second half of FY 2025 petitions must request employment start dates from April 1, 2025, through May 14, 2025. Employers must file these petitions no earlier than March 20, 2025 (15 days after the second half statutory cap is reached). As of April 18, 2025, USCIS had received enough petitions to reach the cap for this allocation.
  • For the late second half of FY 2025 (May 15 through Sept. 30): 5,000 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality.  These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, through Sept. 30, 2025. Employers must file these petitions no earlier than April 21, 2025 (45 days after the second half statutory cap is reached); and
  • For the entirety of FY 2025: 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) as attested by the petitioner, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 (on or before March 31, 2025) may file their petitions immediately on or after Dec. 2, 2024. Employers requesting an employment start date in the second half of FY 2025 (on or after April 1, 2025) must file their petitions no earlier than March 20, 2025 (15 days after the second half statutory cap is reached).
FY 2025 Supplemental Cap AllocationsVisas AvailableDates of Need (Start date)When Petitioners May Start Filing
FY 2025 First Half Returning Worker Allocation20,716Oct. 1, 2024 – March 31, 2025

Dec. 2, 2024

As of Jan.7, 2025, USCIS had received enough petitions to reach the cap for this allocation.

FY 2025 Second Half Returning Worker Allocation No. 119,000April 1, 2025 – May 14, 2025

March 20, 2025

As of April 18, 2025, USCIS had received enough petitions to reach the cap for this allocation.

FY 2025 Second Half Returning Worker Allocation No. 2 (Late-Season Filers)5,000May 15, 2025 – Sept. 30, 2025April 21, 2025
FY 2025 Country-Specific Allocation (available entire fiscal year)20,000Oct. 1, 2024 – Sept. 30, 2025

For start dates on or before March 31, 2025: Dec. 2, 2024

For start dates on or after April 1, 2025: March 20, 2025

Cap Count - Country-Specific Allocation

There are 20,000 H-2B visas (from the 64,716 supplemental cap visas) that are reserved for FY 2025 for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, who are exempt from the returning worker requirement. Employers requesting an employment start date for those nationals in the first half of FY 2025 (on or before March 31, 2025) may file petitions on or after Dec. 2, 2024. Employers requesting an employment start date for those nationals in the second half of FY 2025 (on or after April 1, 2025) must file their petitions no earlier than March 20, 2025.

We will update the chart below as we receive H-2B petitions for the FY 2025 country-specific allocation.

FY25 Cap AllocationCap AmountProjected Beneficiaries RemainingDate of Last Count
H-2B: Country-Specific Allocation20,0006,7964/17/2025

Note: The figure above is a preliminary estimate to give the public an approximate count of beneficiaries of H-2B petitions that can still be accepted under the country-specific allocation for FY 2025.

How to File an H-2B Petition for the Additional H-2B Visas

To assist U.S. businesses that need workers to begin work on different start dates, the supplemental visas will be distributed in four allocations. The “Allocation of Supplemental Visas” section above explains when employers can submit their petitions. All petitions requesting the additional H-2B visas made available for FY 2025 must be filed at the current filing location.

To qualify for H-2B supplemental cap visas, petitioners must:

  • Meet all existing  H-2B eligibility requirements, including obtaining an approved temporary labor certification (TLC) from DOL that is valid for the entire employment period stated on the petition. As a reminder, the employment start date on the petition must match the employment start date on the TLC, even if that date has passed;
  • If applicable, refresh recruitment for U.S. workers, as described in the temporary final rule (if Form I-129 is filed 30 or more days after the certified start date of work on the TLC); and
  • Submit an attestation on the DOL Form ETA 9142-B-CAA-9 in which the petitioner affirms, under penalty of perjury, that its business is suffering irreparable harm or will suffer impending irreparable harm if it cannot employ the requested H-2B workers, and that it is seeking to employ returning workers only, unless the worker is eligible under the country-specific allocation. Please follow the DOL Form ETA 9142-B-CAA-9 Instructions when completing the attestation.
  • NOTE: USCIS will not accept the expired ETA 9142-B-CAA from FY 2017, ETA 9142-B-CAA-2 from FY 2018, ETA 9142-B-CAA-3 from FY 2019, ETA 9142-B-CAA-4 from FY 2021, ETA-9142-B-CAA-5 from the first half of FY 2022, ETA-9142-B-CAA-6 from the second half of FY 2022,r ETA-9142-B-CAA-7 from FY 2023, or ETA 9142-B-CAA-8 from FY 2024. We will reject any petition that does not include the new ETA 9142-B-CAA-9 attestation form for FY 2025 (or a copy of this new form) but is seeking H-2B workers under this FY 2025 supplemental allocation.

Petitioners must retain evidence and records proving compliance with the rule and demonstrating that their business is suffering irreparable harm or will suffer impending irreparable harm if they are unable to employ all the H-2B workers requested in their petition. Additionally, petitioners must attest that they have prepared and retained a detailed written statement describing how the evidence demonstrates irreparable harm or would demonstrate irreparable harm for those instances involving impending irreparable harm. The retention requirements under the rule require petitioners to retain evidence for a period of 3 years that the employer requested and/or instructed that each of the H-2B workers petitioned under this rule were issued H-2B visas or otherwise granted H-2B status in FY  2022,2023, or 2024 unless the petition requests H-2B workers under the country-specific allocation, who are not subject to a returning worker requirement. Petitioners must provide the documentation if DHS and/or DOL request it, as well as fully cooperate with any compliance reviews such as audits. Both DHS and DOL intend to conduct a significant number of post-adjudication audits to ascertain compliance with the attestation requirements as well as key worker protection provisions implemented through this temporary final rule.

DHS will also subject employers that have committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental cap petition process. These measures are aimed at ensuring compliance with H-2B program requirements and obligations. 

Important Filing Information

Petitions filed under the supplemental allocations in this rule at any location other than the current filing location will be rejected and the filing fees will be returned.

Generally, the employment start date listed on an H-2B petition must be the same as the employment start date authorized on the TLC. See 8 CFR 214.2(h)(6)(iv)(D). Petitions with employment start dates that do NOT match the TLC’s employment start date will be rejected and returned with fees. However, for purposes of this H-2B cap increase, petitioners may use TLCs that list an employment start date that has passed if the TLC is otherwise valid. We may deny or reject a petition submitted without the required attestation.

H-2B petitions filed for the supplemental visa allocation may generally request unnamed workers, but such workers will be subject to the returning worker requirement or the limitation to nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica under the country-specific allocation.

A petition may be filed with only a single Form ETA 9142-B-CAA-9. A petitioner requesting both returning workers and workers under the country-specific allocation who are exempt from the returning worker requirement must do so on separate petitions.

On the Form ETA 9142-B-CAA-9, the petitioner must indicate the supplemental visa allocation under which H-2B nonimmigrant workers are requested. A petitioner must only indicate a single allocation and must only request workers who qualify for this allocation. If more than one box is checked or the petition is requesting workers who do not qualify for the requested allocation, we may reject, or deny, or take other adverse action with respect to the petition.

If a petitioner files a petition seeking H-2B workers under this supplemental visa allocation and requests a change of status for a worker in the U.S., we will deny the change of status request but will adjudicate the petition to determine eligibility for H-2B classification.

If we approve the H-2B petition, the worker will need to obtain the H-2B visa, if applicable, at a consular post abroad before seeking admission to the U.S. in H-2B status at a port of entry. Check the Department of State processing times webpage to ensure that workers have sufficient time to apply for a visa.

Filing Deadline

We will stop accepting petitions under this temporary final rule received after Sept. 15, 2025, or after the applicable cap has been reached, whichever occurs first. We will reject any petitions received after Sept. 15 or after the cap is reached, whichever is earlier. We will deny all pending petitions not approved before Oct. 1, 2025, and will not refund any fees.

We will consider petitions requesting an employment start date after Sept. 30, 2025, towards the first half statutory FY 2026 H-2B cap, subject to all eligibility requirements for FY 2026 H-2B cap filings.

Portability

In addition to making additional visas available under the FY 2025 time-limited authority, DHS exercised its general H-2B regulatory authority to temporarily extend portability flexibility that allows certain H-2B workers who are already in the United States to begin work with a new employer after USCIS receives the H-2B petition (supported by a valid temporary labor certification) filed on their behalf, and before the H-2B petition is approved. Portability enables certain H-2B workers to change employers more quickly if they encounter unsafe or abusive working conditions. This provision extended the temporary flexibility provided in the FY 2024 temporary final rule (TFR), which covered petitions requesting an extension of stay received no later than Jan. 24, 2025. DHS has since published a final rule that includes a permanent portability provision, which applies to eligible petitions filed on or after Jan. 17, 2025. The temporary portability provision of the FY 2024 TFR continues to apply to eligible petitions filed before Jan. 17, 2025.

Petitions filed to extend the stay of H-2B workers who are already in the U.S. as H-2B workers are not subject to the cap. Thus, petitioners requesting to have these current H-2B workers immediately work for them after they file their petition with USCIS and before the petition is approved, are not subject to the irreparable harm requirement. These petitioners, who are only seeking portability flexibilities for cap-exempt workers, are also not required to conduct a fresh round of recruitment or to submit Form ETA 9142-B-CAA-9.

Reporting Fraud

To report that a participating employer may be abusing the H-2B program, notify U.S. Immigration and Customs Enforcement (ICE) by completing the online ICE Tip Form, https://www.ice.gov/webform/ice-tip-form, or alternately, via the toll-free ICE Tip Line, (866) 347-2423.” Your form should include information identifying the H-2B petitioning employer and relevant information that leads you to believe that the H-2B petitioning employer is abusing the H-2B program.

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Last Reviewed/Updated:
04/23/2025
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