Demand for H-2B Visas Rises as U.S. Employers Struggle to Fill Temporary Jobs

The demand for foreign workers under the H-2B visa program continues to grow in the United States. This program allows U.S. employers to bring foreign nationals into the country for temporary nonagricultural work, provided they meet specific regulatory conditions. Congress has capped the annual H-2B visa quota at 66,000, divided equally between two halves of the fiscal year.

To address increasing needs, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have allocated an additional 64,716 H-2B visas for fiscal year 2025. This supplemental provision is intended to help U.S. businesses facing challenges in finding domestic workers for short-term roles in industries such as hospitality, landscaping, seafood processing, and tourism.

Under the existing framework, the H-2B program permits employers to hire foreign nationals temporarily for nonagricultural labor. The work must be for a limited period, with the employer demonstrating a specific type of temporary need. These needs include one-time occurrences, peak load requirements, seasonal demands, or intermittent workloads.

Of the 66,000 H-2B visas allocated annually, 33,000 are for positions starting between October 1 and March 31, and the other half for jobs beginning from April 1 to September 30. The new supplemental visas are in addition to these congressionally mandated numbers.

According to DHS and DOL, the supplemental allocation for fiscal year 2025 follows a trend of providing extra H-2B visas in previous years, including fiscal years 2017 through 2024. This measure has been taken under temporary statutory authority granted by Congress for each respective fiscal year.

For the 2025 allocation, approximately 44,700 of the supplemental visas are designated for returning workers who either held H-2B status or received H-2B visas in fiscal years 2022, 2023, or 2024. These returning workers are eligible regardless of their nationality. The remaining 20,000 visas are specifically reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. Unlike the returning worker provision, these visas are available to eligible nationals regardless of whether they previously held H-2B status.

Employers intending to hire foreign workers under the supplemental H-2B cap must certify that their businesses will suffer irreparable harm without the additional workforce. Furthermore, employers are required to test the U.S. labor market thoroughly to ensure that no qualified domestic workers are available to fill the temporary roles.

This process includes obtaining certification from the Department of Labor, which confirms that there are insufficient U.S. workers who are able, willing, qualified, and available for the temporary jobs. Additionally, the certification must prove that hiring foreign workers will not adversely affect the wages or working conditions of similarly employed U.S. workers.

The H-2B visa program has specific limitations regarding the duration of stay. Foreign workers can hold H-2B nonimmigrant status for a maximum of three years. After completing this period, they must leave the United States and remain outside the country for at least three uninterrupted months before applying for readmission under the H-2B classification.

This visa program, while beneficial for U.S. employers facing workforce shortages, also underscores the complexity of balancing domestic labor needs with temporary foreign employment. As the fiscal year progresses, the impact of these additional 64,716 H-2B visas will be closely monitored, particularly in industries heavily reliant on seasonal and temporary workers.

“Employers must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work,” stated a DHS spokesperson. This condition, alongside ensuring no adverse effects on domestic wages and working conditions, remains a cornerstone of the program’s regulatory framework.

With the supplemental allocation now in place, the H-2B program aims to address critical labor shortages while maintaining protections for U.S. workers.