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 fiscal year 2025. The rule, which was officially published in the Federal Register on Monday, December 2, 2024, is now in effect. This measure is intended to address labor shortages in industries such as hospitality, landscaping, seafood processing, and other sectors reliant on seasonal or temporary workers.
The supplemental H-2B visas are divided across different periods of fiscal year 2025 to meet employer demand. 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 who held H-2B status during fiscal years 2022, 2023, or 2024. Employers must ensure that petitions specify employment start dates on or before March 31, 2025.
In the early second half of FY 2025, covering April 1, 2025, to May 14, 2025, 19,000 visas are reserved for returning workers with prior H-2B status from the same fiscal years. Petitions for these visas must include employment start dates within this period. For the late second half of FY 2025, running from May 15, 2025, to September 30, 2025, 5,000 visas are designated for returning workers from the specified years. Employers must include employment start dates within these timeframes to qualify.
In addition to these allocations, 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. This allocation is available to both returning and first-time workers. Employers requesting employment start dates in the first half of FY 2025 can file petitions immediately. For those seeking start dates in the second half, petitions may be filed 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. He emphasized that the program not only supports businesses but also strengthens the economy and provides lawful migration pathways.
Employers applying for these visas must attest that their businesses would face “irreparable harm” without access to H-2B workers. They must also meet labor market testing requirements, with certification from the Department of Labor (DOL) verifying that no qualified U.S. workers are available for the positions. The DOL further ensures that hiring H-2B workers does not negatively impact the wages or working conditions of domestic workers.
To protect H-2B workers, DHS will closely monitor employers with a history of labor law violations. A recently proposed rule seeks to modernize the program, providing greater flexibility and stronger protections for foreign workers.
The H-2B visa program enables U.S. employers to hire foreign nationals for temporary nonagricultural work under peak load, seasonal, intermittent, or one-time needs. Since FY 2017, Congress has authorized supplemental H-2B visa allocations to help bridge labor gaps. This year’s allocation aims to sustain operations for employers and offers foreign workers an opportunity to contribute to the U.S. economy through lawful, temporary employment.
Employers can now begin filing petitions for the first half of FY 2025. Further details on petition timelines and requirements are available in the DHS announcement and the recently published Federal Register.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
