US Expands H-2B Visa Program with Additional 64,716 Visas for 2025

The U.S. government has announced a significant increase in the number of H-2B temporary nonagricultural worker visas available for the fiscal year 2025. The Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), plans to issue an additional 64,716 H-2B visas, effectively doubling the existing annual cap of 66,000 visas. This move aims to address the demand for seasonal and temporary workers in various industries facing labor shortages.

The H-2B visa program is designed for U.S. employers seeking foreign workers to perform temporary nonagricultural jobs. These roles typically fulfill needs that are seasonal, peak-load, or intermittent. Employers must adhere to strict regulatory requirements, including demonstrating that no qualified U.S. workers are available for the positions, and that hiring foreign workers will not negatively impact wages or working conditions for U.S. employees.

Existing Cap and New Allocation

Under the current framework, Congress sets an annual cap of 66,000 H-2B visas. These are divided equally between the first half of the fiscal year, from October to March, and the second half, from April to September. The newly announced supplemental visas will be distributed in addition to this congressionally mandated cap, bringing relief to businesses in critical industries such as hospitality, landscaping, and seafood processing.

Of the 64,716 supplemental visas, 20,000 are reserved for workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. The remaining 44,716 visas will be allocated to returning workers who held H-2B status during one of the previous three fiscal years. DHS plans to distribute these visas across both halves of the fiscal year, with a specific portion earmarked for the peak summer season, ensuring workforce availability during high-demand periods.

Temporary Worker Visa Requirements

Foreign nationals seeking employment in the U.S. under the H-2B program must obtain the appropriate visa, which requires an approved petition from a prospective employer. This petition, submitted to U.S. Citizenship and Immigration Services (USCIS), is essential for initiating the process.

The H-2B classification allows for a maximum stay of three years, after which workers must leave the U.S. and remain abroad for at least three uninterrupted months before applying again. Employers using this program must secure certification from the DOL confirming that no domestic workers are willing, able, or qualified to perform the specified temporary job.

Historical Context and Recurring Adjustments

This expansion aligns with previous instances where DHS, in coordination with DOL, has authorized supplemental visa caps to meet labor demands. Similar measures were implemented for fiscal years 2017, 2018, 2019, and consecutively from 2021 to 2024, reflecting ongoing reliance on the H-2B program by industries with seasonal labor needs.

“American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand for their goods and services,” the DHS noted in its announcement. These additional visas are critical for addressing gaps where domestic workers are unavailable, ensuring businesses can continue operations and meet market demands.

Planning Ahead for Workforce Needs

To facilitate effective workforce planning, DHS and DOL are releasing the supplemental visa numbers early in the fiscal year, consistent with their approach in recent years. This advanced notice enables employers to strategize and secure the labor required to sustain their operations.

The DHS emphasized its commitment to protecting both American and foreign workers. It stated that the H-2B program ensures “employers first seek out and recruit American workers for the jobs to be filled” and includes safeguards to prevent exploitation of foreign workers. The agencies aim to maintain robust oversight while addressing legitimate labor market demands.

Distribution and Oversight

The supplemental visas for returning workers will be split between the first and second halves of the fiscal year. A designated portion of the second-half allocation is reserved to accommodate the heightened demand for workers during the summer months. The DHS highlighted that this structured distribution ensures a balanced approach to addressing seasonal labor needs throughout the year.

The additional 64,716 visas represent the maximum number allowed under congressional authority and mirror the supplemental allocation provided for fiscal year 2024. Employers are expected to adhere to the same rigorous standards in recruiting domestic workers before turning to foreign labor through the H-2B program.

Conclusion

The expansion of the H-2B visa program underscores the U.S. government’s effort to support industries reliant on temporary and seasonal workers. By increasing the visa cap and implementing safeguards for worker rights, DHS and DOL aim to balance the needs of American businesses with protections for both domestic and foreign labor forces.