The Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has announced the release of 64,716 additional H-2B visas for Fiscal Year (FY) 2025. This allocation is in addition to the congressionally mandated 66,000 H-2B visas available each year. The move mirrors the supplemental visa provisions seen in FY 2024, with DHS leveraging the maximum allocation allowed under congressional authority. Since FY 2017, DHS has consistently issued supplemental caps, aiming to meet labor demands in critical sectors.
Industries such as hospitality, landscaping, seafood processing, and tourism, which rely heavily on seasonal labor, are set to benefit from the expansion. These additional visas address the shortage of U.S. workers available and qualified for temporary roles, ensuring businesses can meet demand for their goods and services. The government hopes this proactive measure will enable businesses to plan ahead, especially during peak labor demand periods.
In line with past years, DHS announced the supplemental visas early in the fiscal year, a practice established in FY 2023 and FY 2024. This approach provides American businesses with the ability to secure labor for temporary positions well in advance. Secretary of Homeland Security Alejandro N. Mayorkas stated, “The Department of Homeland Security is committed to further growing our nation’s strong economy. By maximizing the use of the H-2B visa program, the Department of Homeland Security is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States.”
While addressing the labor shortfall, DHS and DOL emphasized their commitment to robust worker protections. Employers utilizing the H-2B program must prioritize recruiting American workers before hiring foreign labor. Furthermore, they must ensure that foreign workers are safeguarded against exploitation, adhering to the program’s requirements.
The supplemental visas will be distributed across two primary categories. First, 20,000 visas are reserved for workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica, as part of an initiative to address migration challenges from these regions. Second, 44,716 visas will be available for returning workers who held H-2B status within the past three fiscal years. These visas will be divided between the first and second halves of FY 2025, with a portion specifically reserved for the peak summer season.
The H-2B visa program plays a vital role in allowing eligible employers to hire non-U.S. citizens for temporary nonagricultural roles. These roles are often defined by temporary needs, such as seasonal or peakload demands. Employers must meet stringent requirements to ensure their reliance on H-2B workers does not negatively impact U.S. labor markets. The DOL must certify that no qualified U.S. workers are available to fill the positions and that hiring foreign labor will not harm wages or working conditions for U.S. workers in similar roles.
H-2B workers are permitted to remain in the United States for a maximum of three years. After this period, they must leave and remain outside the country for at least three months before reapplying for H-2B status. The program’s design ensures a balance between addressing labor shortages and protecting U.S. labor interests.
DHS and DOL underscored their dedication to protecting H-2B workers from exploitation while ensuring compliance with the program’s legal framework. This includes making sure that employers do not bypass qualified U.S. workers in favor of foreign labor. Additional program safeguards and detailed eligibility criteria will be outlined in the temporary final rule upon publication. Relevant updates and guidance will also be accessible on the U.S. Citizenship and Immigration Services (USCIS) website.
