U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the H-2B cap for the second half of fiscal year (FY) 2024. Additionally, USCIS announced filing dates for supplemental H-2B visas through FY 2024.
Overview
USCIS declared March 7, 2024, as the final receipt date for new H-2B cap-subject worker petitions seeking an employment start date on or after April 1, 2024, and no later than Oct. 1, 2024. USCIS will reject cap-subject H-2B visa petitions received after March 7, 2024, requesting an employment start date during those times.
Although it is no longer accepting cap-subject H-2B petitions, USCIS will still accept cap-exempt H-2B petitions, including:
- Current H-2B workers in the U.S. seeking to extend their stay, and if applicable, change employer or terms of employment
- Fish roe processors, technicians, and supervisors
- Workers performing labor or services in Guam and/or the Commonwealth of the Northern Mariana Islands through Dec. 31, 2029
Supplemental H-2B Visas Filing Dates
USCIS has also posted filing dates for H-2B supplemental visas for the second half of FY 2024. The supplemental visas are available through a temporary final rule published in November 2023 by the Department of Labor (DOL) and Department of Homeland Security (DHS). The rule increased the number of supplemental visas available in FY 2024 to 64,716. However, those visas are only available to U.S. businesses that are suffering irreparable harm or will suffer harm if they are unable to employ all the H-2B workers requested in their petition. The supplemental visas are available for U.S. employers looking to petition for additional H-2B workers during certain periods of FY 2024.
Filing start dates have been issued for the remaining supplemental H-2B visa allocations as follows:
- Employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers: On March 22, 2024, USCIS will begin accepting petitions for employers requesting an employment start date from April 1, 2024, to Sept. 30, 2024. USCIS began accepting petitions from employers with employment start dates from Oct. 1, 2023, to March 31, 2024, in November 2023.
- Employers seeking returning workers for the early second half of FY 2024 (April 1 to May 14): On March 22, 2024, USCIS will begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality.
- Employers seeking returning workers for the late second half of FY 2024 (May 15 to Sept. 30): On April 22, 2024, USCIS will begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on April 22, 2024.
USCIS will accept petitions until Sept. 16, 2024, or until the cap is reached, whichever comes first.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Joy Ang, who is a 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.
