65,000 More U.S. Temporary Worker Visas Announced for FY 2025; New Rule Effective Monday

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a Temporary Final Rule (TFR) authorizing 64,716 additional H-2B temporary nonagricultural worker visas for the fiscal year 2025. This measure aims to support U.S. employers grappling with labor shortages in sectors such as hospitality, landscaping, seafood processing, and other industries dependent on seasonal or temporary workers.

The supplemental H-2B visas are strategically divided to address demand across different periods of the fiscal year.

For the first half of FY 2025, spanning from October 1, 2024, to March 31, 2025, 20,716 visas are allocated exclusively for returning workers. These workers must have been issued H-2B visas or held H-2B status during fiscal years 2022, 2023, or 2024, irrespective of their nationality. Employers requesting these visas must ensure their petitions specify employment start dates on or before March 31, 2025.

In the early second half of FY 2025, covering the period from April 1, 2025, to May 14, 2025, 19,000 visas are reserved for returning workers with prior H-2B status from fiscal years 2022, 2023, or 2024. Petitions for this allocation must request employment start dates within this timeframe to qualify.

The late second half of FY 2025, running from May 15, 2025, to September 30, 2025, has been allocated 5,000 visas. Similar to earlier periods, these visas are limited to returning workers from the specified previous fiscal years. Employers must ensure that petitions include employment start dates between May 15 and September 30, 2025.

Additionally, 20,000 visas have been reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras for the entirety of FY 2025. Unlike other allocations, this category is open to both returning and first-time workers from these countries. Employers requesting an employment start date in the first half of FY 2025 can file petitions immediately, while those seeking a start date in the second half must wait until 15 days after the statutory cap for that period is reached.

“These additional visas are critical for U.S. employers who would face significant challenges without access to H-2B workers,” stated DHS Secretary Alejandro N. Mayorkas. “This program not only supports businesses but also strengthens the economy and offers lawful migration pathways.”

Employers seeking these visas must attest to facing “irreparable harm” without access to H-2B workers and must meet labor market testing requirements. Certification from DOL is necessary to confirm the unavailability of qualified U.S. workers and ensure that hiring H-2B workers does not negatively affect wages or working conditions of domestic workers.

To safeguard H-2B workers, DHS will impose additional scrutiny on employers with a history of labor law violations. A recently proposed rule seeks to modernize the H-2B program, enhancing flexibility and protections for workers.

The DHS and DOL emphasize the importance of compliance, ensuring that the H-2B program serves both employer needs and worker rights.

The H-2B visa program allows U.S. employers to hire foreign nationals for temporary nonagricultural labor under conditions of peak load, seasonal, intermittent, or one-time needs. Since FY 2017, Congress has granted temporary statutory authority for supplemental H-2B visa allocations, reflecting ongoing reliance on the program to bridge critical labor gaps.

For employers, this allocation provides a lifeline to sustain operations and growth. For foreign workers, it offers an opportunity to contribute to the U.S. economy through legal, temporary employment.

Employers can begin filing petitions immediately for the first half of FY 2025. Further details on petition timelines and requirements are outlined in the DHS announcement.