The U.S. Citizenship and Immigration Services (USCIS) has officially reached the congressionally mandated H-2B visa cap for the second half of the fiscal year (FY) 2024. This announcement follows the agency's receipt of sufficient petitions to fill the cap, marking a critical point for businesses relying on temporary nonagricultural workers. USCIS has also outlined the filing dates for supplemental H-2B visas for the remainder of FY 2024, under the temporary final rule announced in November 2023.
H-2B Cap Achieved for Second Half of FY 2024
On March 7, 2024, USCIS closed the application window for new H-2B worker petitions with employment start dates ranging from April 1, 2024, to October 1, 2024, upon reaching the H-2B cap. This cap is part of a congressional mandate, and its achievement underscores the high demand for H-2B workers across various sectors in the United States.
Exemptions and Continuations
Despite the cap's fulfillment, USCIS continues to accept H-2B petitions exempt from the cap. These exemptions include petitions for current H-2B workers in the U.S. seeking to extend their stay or change their employment terms, along with specific roles like fish roe processors and workers in the Commonwealth of the Northern Mariana Islands and Guam until December 31, 2029.
Supplemental Visa Filing Dates
Under the FY 2024 H-2B supplemental visa temporary final rule, USCIS has set specific filing dates for additional visas:
The temporary final rule, published by the Departments of Homeland Security and Labor on November 17, 2023, increased the H-2B cap by up to 64,716 additional visas for FY 2024. These visas are aimed at U.S. businesses experiencing or facing irreparable harm without the ability to employ the requested H-2B workers.
Pros:
H-2B Cap Achieved for Second Half of FY 2024
On March 7, 2024, USCIS closed the application window for new H-2B worker petitions with employment start dates ranging from April 1, 2024, to October 1, 2024, upon reaching the H-2B cap. This cap is part of a congressional mandate, and its achievement underscores the high demand for H-2B workers across various sectors in the United States.
Exemptions and Continuations
Despite the cap's fulfillment, USCIS continues to accept H-2B petitions exempt from the cap. These exemptions include petitions for current H-2B workers in the U.S. seeking to extend their stay or change their employment terms, along with specific roles like fish roe processors and workers in the Commonwealth of the Northern Mariana Islands and Guam until December 31, 2029.
Supplemental Visa Filing Dates
Under the FY 2024 H-2B supplemental visa temporary final rule, USCIS has set specific filing dates for additional visas:
- For certain nationalities and returning workers, USCIS will begin accepting petitions on March 22, 2024, for employment start dates between April 1, 2024, and September 30, 2024.
- An additional allocation of 19,000 visas for returning workers for the early second half of FY 2024 (April 1 to May 14) and 5,000 visas for the late second half (May 15 to September 30) has been designated, with respective starting acceptance dates of March 22 and April 22, 2024.
The temporary final rule, published by the Departments of Homeland Security and Labor on November 17, 2023, increased the H-2B cap by up to 64,716 additional visas for FY 2024. These visas are aimed at U.S. businesses experiencing or facing irreparable harm without the ability to employ the requested H-2B workers.
Pros:
- Economic Support: The supplemental visas provide critical support to U.S. businesses that rely on seasonal or temporary labor, ensuring they can meet operational needs and avoid economic harm.
- Flexibility for Employers: By offering supplemental visas and exemptions for certain workers, USCIS offers flexibility to employers in managing their workforce needs throughout the fiscal year.
- Limited Availability: The rapid fulfillment of the H-2B cap highlights the high demand for temporary workers, potentially leaving some businesses without the necessary workforce due to cap limitations.
- Complexity and Uncertainty: The process of applying for supplemental visas and navigating the cap can be complex and uncertain for employers, requiring close attention to filing dates and eligibility criteria.
