On November. 27, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025.

Of the 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last 3 fiscal years). The remaining 20,000 visas are set aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement.

- For the first half of FY 2025 (Oct. 1 – March 31): 20,716 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These petitions must have requested employment start dates on or before March 31, 2025.

- For the early second half of FY 20245 (April 1 to May 14): 19,000 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These early second half of FY 2025 petitions must request employment start dates from April 1, 2025, to May 14, 2025. Furthermore, employers must file these petitions no earlier than15 days after the second half statutory cap is reached.

- For the late second half of FY 2025 (May 15 to Sept. 30): 5,000 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, to Sept. 30, 2025. Furthermore, employers must file these petitions no earlier than 45 days after the second half statutory cap is reached; and

- For the entirety of FY 2025: 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) as attested by the petitioner, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 (on or before March 31, 2025) may file their petitions immediately on or after Dec. 2, 2024. Employers requesting an employment start date in the second half of FY 2025 (on or after April 1, 2025) must file their petitions no earlier than 15 days after the second half statutory cap is reached.

HL/ HaitiLibre