The most recent announcement from the United States Citizenship and Immigration Services (USCIS) is a fantastic opportunity worth your attention if you’re an H-1B hopeful looking into backup routes or looking for work in the United States under temporary employment categories.
The good news is that filing dates for more H-2B visas are now available under a special cap increase, even though USCIS has hit the H-2B cap for the second half of the Fiscal Year (FY) 2025 as of March 26, 2025. Both foreign workers and U.S. companies benefit greatly from this temporary increase, particularly those who have prior H-2B experience or are citizens of qualified nations.
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Table of Contents
What Is the H-2B Visa?
The H-2B visa is a type of nonimmigrant visa that enables American companies to temporarily employ foreign workers for non-agricultural jobs (such as construction, landscaping, hospitality, and more) in the event that there are no eligible American workers available.
On March 5, 2025, USCIS reached the H-2B cap for the second part of FY 2025 due to high employer demand. However, a temporary final rule has made 64,716 more visas available for the rest of FY 2025, offering a new window of opportunity for people seeking U.S. work experience—thanks to a unique provision by DHS and DOL.
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Who Can Apply for These Additional US H-2B Visas?
This opportunity is for:
- Employers in the United States who are unable to hire the desired H-2B workers, as attested in a special form, are suffering irreversible harm (serious financial loss).
- Workers who were granted H-2B visas or who had H-2B status in FY 2022, 2023, or 2024 are considered returning workers.
- Regardless of prior H-2B status, citizens of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
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H-2B Visa Filing Dates for the Second Half of 2025
The list of new filing dates for the second half of H-2B visa application submissions is as follows:
| Visa Category | Visas Available | Employment Start Dates | Filing Begins |
|---|---|---|---|
| Returning Worker Allocation #1 | 19,000 | April 1 – May 14, 2025 | March 20, 2025 |
| Returning Worker Allocation #2 (Late Season) | 5,000 | May 15 – Sept. 30, 2025 | April 21, 2025 |
| Country-Specific Allocation | 20,000 | Oct. 1, 2024 – Sept. 30, 2025 | March 20, 2025 (for start dates after April 1, 2025) |
Please take note that petitions must be submitted by September 15, 2025, or before the cap is reached, whichever occurs first.
How to Apply for the Additional H-2B Visa?
To file a legitimate H-2B petition for these additional visas, companies need to:
- Get a Temporary Labor Certification (TLC) from the Department of Labor that is valid for the duration of the petition’s employment.
- Submit Form I-129 and the necessary fees to USCIS.
- Submit the new attestation form ETA 9142–B-CAA-9, declaring that the business is facing or will face irreparable harm without these workers.
- Only one visa allocation may be chosen per petition; therefore, clearly state which one it is for (early second half, late second half, or country-specific).
- For three years, keep supporting evidence attesting to irreparable injury and worker eligibility in case DHS/DOL audits or reviews occur.
Note that applications for FY 2025 supplementary H-2B visas must be submitted by September 15, 2025. All pending petitions that are not approved by October 1, 2025, will be denied by USCIS, along with late petitions. Your petition will be taken into account for the FY 2026 cap if your start date is after September 30.
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