US to Issue 64,716 Extra H-2B Visas to Tackle Labour Gaps

Departments of Homeland Security and Labour unveil expanded visa quotas for FY 2025.

The US government has announced an expansion of the H-2B visa programme, introducing 64,716 additional visas for fiscal year (FY) 2025 to help industries overcome acute labour shortages.

The temporary final rule (TFR) outlines the issuance of these supplemental nonagricultural worker visas, aimed at supporting sectors such as hospitality, tourism, landscaping, and seafood processing. The initiative also seeks to bolster economic growth while offering a regulated pathway for foreign workers.

Homeland Security Secretary Alejandro N. Mayorkas highlighted the programme’s importance, stating: “Employers across the nation depend on H-2B workers. This expansion provides critical support for businesses, fuels the economy, and offers a legal, safe route to the United States for those ready to contribute.”

Key Allocations and Eligibility

The additional visas for FY 2025 are divided into four categories based on employment timelines and worker eligibility:

1. First Half of FY 2025
   • Visas Available: 20,716
   • Eligibility: Workers with H-2B status in FY 2022, 2023, or 2024.
   • Start Dates: Employment must begin on or before March 31, 2025.
2. Early Second Half of FY 2025
   • Visas Available: 19,000
   • Eligibility: Returning workers from FY 2022, 2023, or 2024.
   • Start Dates: Employment to start between April 1 and May 14, 2025.
3. Late Second Half of FY 2025
   • Visas Available: 5,000
   • Eligibility: Returning workers from FY 2022, 2023, or 2024.
   • Start Dates: Employment to commence from May 15 to September 30, 2025.
4. Year-Round Allocation
   • Visas Available: 20,000
   • Eligibility: Nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.
   • Note: Accessible throughout FY 2025, based on filing timelines.

Requirements for Employers

To qualify for H-2B workers, employers must meet several conditions:

• Prove Business Need: Demonstrate that operations would face significant harm without H-2B workers.
• Labour Certification: Obtain Department of Labour certification confirming the lack of qualified US workers.
• Ensure Wage Equity: Verify that hiring foreign workers does not negatively impact the wages or conditions of US employees.

Strengthened Oversight and Programme Modernisation

The rule introduces measures to safeguard workers and enhance compliance, including stricter scrutiny for employers with prior labour law violations. Efforts are also underway to modernise the H-2B and H-2A programmes to improve flexibility and worker protections.

About the H-2B Visa Programme

The H-2B visa permits US employers to hire foreign workers temporarily for nonagricultural roles. Businesses must fulfil strict requirements, including labour certification and adherence to wage standards, to participate in the programme.

Guidance for Employers and Workers

• Stay Informed: Monitor updates on immigration rules and processes.
• Seek Legal Advice: Consult immigration attorneys to ensure compliance with the programme.
• Plan in Advance: Begin visa applications early to avoid delays.

The expanded H-2B visa programme aims to address labour shortages while maintaining safeguards for both workers and employers, making it a vital resource for US industries.