DHS to Expand H-2B Visa Cap by 64,716 for Fiscal Year 2025

The Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has announced the allocation of 64,716 additional H-2B temporary nonagricultural worker visas for Fiscal Year (FY) 2025. This expansion supplements the congressionally mandated cap of 66,000 H-2B visas issued annually, equaling the maximum permitted under current authority and mirroring the additional visas provided in FY 2024.

Addressing Workforce Shortages

These additional visas are vital for industries like hospitality, landscaping, and seafood processing, which rely on seasonal and temporary workers to meet their labor demands. PPID supports American businesses in regions where U.S. workers are unavailable while ensuring that prices for goods and services remain stable.

Worker Protections and Fair Hiring Practices

DHS and DOL have reinforced safeguards for both U.S. and foreign workers. Employers participating in the H-2B program must demonstrate that no qualified U.S. workers are available for the roles and must comply with strict labor protections to prevent worker exploitation.

“By maximizing the H-2B visa program, we are helping American businesses meet their labor needs while strengthening protections for workers and reducing irregular migration,” stated DHS Secretary Alejandro N. Mayorkas.

Allocation of Additional Visas

The supplemental allocation includes:

• 20,000 visas for workers from certain countries, including Guatemala, Honduras, Haiti, and Costa Rica.
• 44,716 visas for returning workers, defined as individuals who held H-2B status during one of the last three fiscal years.

These visas will be distributed between the first and second halves of FY 2025 to address peak seasonal demands, with a portion reserved for summer employment needs.

Understanding the H-2B Program

The H-2B visa program enables U.S. employers to hire foreign workers for temporary, nonagricultural labor in cases of one-time, seasonal, or peakload demand. Employers must obtain certification from DOL to confirm the unavailability of U.S. workers and ensure compliance with wage and workplace standards.

Key program details include:

• A maximum stay of three years under H-2B status.
• A mandatory three-month departure period before reapplying after the three-year limit.

Protecting Workers and Ensuring Compliance

DHS and DOL remain committed to enforcing protections against worker exploitation and ensuring that eligible U.S. workers are prioritized for these roles.

For additional information on the H-2B program, eligibility, and filing requirements, visit the USCIS website. Stay updated by checking the forthcoming temporary final rule.

Need Assistance with Your H-2B Visa Application?

At PPID, we are here to help you navigate the complexities of the H-2B visa process. Contact us today to ensure that your application is handled efficiently and in compliance with all necessary requirements. Let us help you secure the workforce you need. Call us at 800-223-2814 to get started!

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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