On December 2, 2024, the U.S. Departments of Homeland Security (DHS) and Labor (DOL) jointly published an interim final rule. It increases the quota for H-2B nonimmigrant visas by 64,716 additional slots for FY 2025. This action is intended to assist U.S. companies that may suffer irreparable harm without access to foreign workers.
What Is An H-2B Visa And Who May Qualify?
The H-2B program allows employers to temporarily hire foreign nationals to perform seasonal or temporary work such as:
- Hotel maintenance
- Construction
- Fishing industry
- Food service industry
It is only available in two cases:
- If the employer cannot find suitable workers in the United States
- If hiring foreign nationals will not adversely affect the working conditions of U.S. workers
To qualify for an H-2B visa, the employer must meet the requirements. Specifically, they must demonstrate that the need for labor is temporary and that all working conditions are standard. You can learn more about this on the official USCIS website.
Additional Visas And Their Allocation
Of the total 64,716 – 44,716 visas will be allocated only to returning workers. That is, those who have already received an H-2B visa or status in the last three fiscal years. 20,000 visas are reserved for citizens:
- El Salvador
- Guatemala
- Honduras
Haiti - Colombia
- Ecuador
- Costa Rica
However, they are not subject to the requirement that they be returning workers. Supplemental visas are available only to employers who can demonstrate that they will suffer irreparable harm without the workers. The employer must fill out a special form with an affidavit certifying that they will indeed face a critical labor shortage. This step is mandatory when filing a petition. More information can be found on the official USCIS website on H-2B visas for 2025.
Petition Deadline And Visa Allocation Process
Petitions for additional H-2B visas must be filed with the USCIS Texas Service Center by September 15, 2025. Visas will be distributed in phases throughout the fiscal year. This includes two separate distributions in the second half of 2025. This is to accommodate different start dates with U.S. employers.
DHS Legislative Framework And Authority
The quota increase is being implemented through temporary legislative authority provided in Sections 101(6) and 106 of Part I of the Act. Previously, similar authority was provided by the Further Consolidated Appropriations Act, 2024, Public Law 118-47. This allowed the Secretary of DHS, in consultation with DOL, to temporarily increase the numerical limitation on visas. To assist businesses in the face of labor shortages.
Reforms And Modernization of the H-2 Programs
On December 18, 2024, DHS published a final rule to modernize the H-2 visa programs, which will take effect on January 17, 2025. The key provisions are:
- Simplify applications and improve the efficiency of petition processing
- Additional protections for foreign workers Increased oversight of employers who violate program rules
These measures will help maintain the integrity of the H-2B program and protect all participants in the process.
Potential Impact On Businesses
For U.S. businesses that rely on seasonal workers, this decision is critical. This is particularly true for industries such as:
- The hospitality industry
- Restaurants
- Catering industry
- Landscaping and gardening
- Fish industry
- Recycling
- Construction
However, obtaining an additional H-2B visa requires strict compliance with all USCIS and DOL requirements. Employers must demonstrate that:
- Employers need the workers for temporary or seasonal employment
- They are unable to find qualified workers in the U.S.
- The aliens hired will not adversely affect the working conditions of Americans
- Complete documentation, including a certification form, supporting the possibility of irreparable harm is submitted
How The KAASS LAW Law Firm Can Help?
If you are an employer and plan to apply for additional H-2B visas, you should consult a legal professional for guidance. KAASS LAW provides:
- Petition assistance
- Verification of the certification form
- Legal defense in case of disputes with government agencies
Given the complexity of visa laws, contacting KAASS LAW attorneys can significantly increase your chances of successfully obtaining H-2B visas. See our overview of visa solutions for employers on the KAASS LAW website.
Conclusion
The temporary increase in the numerical cap for H-2B visas in 2025 provides an important opportunity for U.S. companies experiencing labor shortages. However, the process is fraught with legal and procedural complexities. Employers must act promptly and strictly in accordance with USCIS and DOL guidance.
We strongly recommend that you seek the assistance of experienced immigration attorneys to prepare and file petitions. This will not only help you comply with all formal requirements, but will also help you avoid potential denials that could impact your business. If you have questions about filing H-2B petitions, contact us. Call 844-522-7752 for a free consultation.