U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2025. The H-2B program allows U.S. employers to bring noncitizens to the United States to fill temporary non-agricultural jobs.
Currently, the H-2B visa cap is set at 66,000 per fiscal year. USCIS accepts up to 33,000 petitions for temporary nonagricultural employment from October 1 – March 31 per fiscal year, and 33,000 petitions for those seeking employment from April 1 – September 30 per fiscal year. Any unused numbers from the first half of the fiscal year are added to the total for the second half of the fiscal year.
USCIS notes that Sept. 18, 2024, was the final receipt date for new H-2B cap-subject petitions requesting an employment start date before April 1, 2025. USCIS will reject any new H-2B cap-subject petitions that it receives after Sept. 18, 2024, requesting an employment start date before April 1, 2025.
Although it has reached the limit for H-2B cap-subject petitions, USCIS will still accept cap-exempt H-2B petitions, including current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment.
The USCIS Cap Count for H-2B Nonimmigrants webpage has additional information.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, Partner, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
