The United States Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), has announced its intention to make an additional 64,716 H-2B visas available for the fiscal year 2025. These are temporary non-agricultural worker visas, supplementing the annual 66,000 visas mandated by Congress. This marks the third consecutive year that employers will have access to all available H-2B visas. These additional visas are similar to those provided in fiscal year 2024.
The H-2B visa program is part of ongoing efforts to address labor shortages in sectors dependent on temporary and non-agricultural workers. However, according to DHS’s updated list of eligible countries, Indian citizens remain ineligible to apply for these visas.
Statement from DHS Secretary Alejandro N. Mayorkas
DHS Secretary Alejandro N. Mayorkas said in a statement, “By maximizing the use of the H-2B visa program, DHS is helping meet the labor needs of U.S. businesses, keeping consumer prices low, strengthening worker protections, and curbing irregular migration to the United States.”
Distribution of Supplemental Visas
The supplemental visas are divided into two categories:
- 20,000 visas for workers from specific countries, including Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
- 44,716 visas for returning workers who held H-2B status during the past three fiscal years.
The supplemental visas will be allocated throughout the fiscal year to address seasonal labor demands, with additional visas reserved for the peak summer season.
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Implications for Employers
The H-2B visa program is primarily used in industries such as hospitality, landscaping, seafood processing, tourism, construction, and forestry, where finding sufficient U.S. workers can be challenging. The additional visas will allow employers reliant on these workers to meet customer demands during peak seasons.
To participate in this program, employers must first demonstrate that there are no qualified U.S. workers available to fill the positions. This involves obtaining certification from the Department of Labor (DOL) and adhering to strict recruitment rules. Detailed information on eligibility, filing requirements, and program safeguards will be available in a forthcoming temporary final rule. Interested employers and employees can visit the USCIS H-2B webpage for updates.
Application Process
The application process begins with the employer filing Form I-129 (Petition for a Nonimmigrant Worker), which requires approval from both the Department of Labor and USCIS. Following this, applicants can apply for their visas through the electronic DS-160 form or via the interview waiver process.
India Excluded from H-2B Visa Eligibility
According to DHS’s updated list of eligible countries, Indian citizens remain ineligible for the H-2B visa. This restriction prevents Indian nationals from applying for this visa, while citizens from countries like Andorra, Australia, Brazil, and Canada remain eligible.