“The Division of Homeland Safety (DHS) and the Division of Labor (DOL) issued a temporary final rule (TFR) making obtainable an extra 64,716 H-2B momentary nonagricultural employee visas for fiscal 12 months (FY) 2025. These supplemental visas are geared toward serving to U.S. employers who’re unable to seek out U.S. employees who can be found, keen, and certified to do the momentary work in industries reminiscent of hospitality and tourism, landscaping, seafood processing, and plenty of different sectors. DHS, in coordination with DOL, has approved supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for every of these fiscal years by Congress.
“There are employers throughout the nation that may endure tremendously with out H-2B employees. Authorizing these supplemental visas helps U.S. employers fill these positions,” mentioned Secretary of Homeland Safety Alejandro N. Mayorkas. “It helps gas our financial system and scale back irregular migration whereas additionally offering a secure and lawful pathway to the US for noncitizens who’re ready to work.”
The supplemental H-2B visa allocation consists of roughly 44,700 visas obtainable to returning employees who obtained an H-2B visa or held H-2B standing in FY 2022, FY 2023, or FY 2024, no matter their nation of nationality. The remaining 20,000 visas are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, no matter whether or not they’re returning employees.
The supplemental H-2B visas have been divided into the next 4 allocations:
- First half of FY 2025 (Oct. 1, 2024, to March 31, 2025): 20,716 instantly obtainable visas are restricted to returning employees – those that have been issued H-2B visas or held H-2B standing in fiscal years 2022, 2023, or 2024, no matter nation of nationality. These petitions should request employment begin dates on or earlier than March 31, 2025.
- Early second half of FY 2025 (April 1, 2025, to Might 14, 2025): 19,000 visas are restricted to returning employees – those that have been issued H-2B visas or held H-2B standing in fiscal years 2022, 2023, or 2024, no matter nation of nationality. These early second half of FY 2025 petitions should request employment begin dates from April 1, 2025, to Might 14, 2025.
- Late second half of FY 2025 (Might 15, 2025, to Sept. 30, 2025): 5,000 visas are restricted to returning employees – those that have been issued H-2B visas or held H-2B standing in fiscal years 2022, 2023, or 2024, no matter nation of nationality. These late second half of FY 2025 petitions should request employment begin dates from Might 15, 2025, to Sept. 30, 2025.
- Entirety of FY 2025: 20,000 visas instantly obtainable are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, no matter whether or not these nationals are returning employees. Employers requesting an employment begin date within the first half of FY 2025 could file their petitions instantly after the publication of this TFR. Employers requesting an employment begin date within the second half of FY 2025 should file their petitions no sooner than 15 days after the second half statutory cap is reached.
Employers looking for to rent H-2B employees below the FY 2025 supplemental cap should attest that they’re struggling or will endure impending irreparable hurt with out the flexibility to make use of the entire H-2B employees requested on the petition. Employers looking for to rent H-2B employees should take a sequence of steps to check the U.S. labor market. They need to present certification from DOL that proves there aren’t sufficient U.S. employees who’re ready, keen, certified, and obtainable to do the momentary work for which they search a potential overseas employee, and that using the H-2B employees is not going to adversely have an effect on the wages and dealing circumstances of equally employed U.S. employees.
It’s critically essential to guard H-2B employees from exploitation and abuse. The momentary last rule options a number of provisions to guard H-2B employees. DHS will topic employers which have dedicated sure labor legislation violations within the H-2B program to further scrutiny within the supplemental cap petition course of. This extra scrutiny is geared toward guaranteeing compliance with H-2B program necessities and obligations. Additional, on Sept. 20, 2023, DHS printed a discover of proposed rulemaking to modernize and enhance each the H-2B and H-2A applications, together with by offering larger flexibility and protections for collaborating employees.
The H-2B program permits employers to quickly rent noncitizens to carry out nonagricultural labor or providers in the US. The employment should be for a restricted time frame, and the petitioner should have a brief want for providers or labor to be carried out, that’s, a one-time incidence, peak load want, seasonal want, or intermittent want.”
