DHS Announces Nearly 65,000 Additional H-2B Visas for Fiscal Year 2025 Good news for businesses requiring seasonal workers: The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced on November 15, 2024, that an additional 64,716 H-2B temporary nonagricultural worker visas will be available for Fiscal Year (FY) 2025. This is in addition to the regular 66,000 H-2B visas the Congress allocates annually. Why some US businesses need seasonal workers Many American businesses — particularly those in hospitality, seafood processing, landscaping, and tourism — rely on the H-2B program to fill temporary and seasonal workforce requirements. This program permits them to recruit foreign workers to fill roles that are in high demand during peak seasons when their services and products see increased consumption. The recent allocation of additional H-2B visas provides these businesses with more opportunities to hire temporary and seasonal workers, which is especially beneficial in regions where there is a shortage of American workers willing and able to take on temporary jobs. Allowing more foreign workers to fill these positions lets businesses maintain operational efficiency and meet their seasonal demands. This continued service and production without disruptions also benefits the US economy overall. Not the first time This isn’t the first time the DHS has made supplemental visas available. In an ongoing effort to address workforce challenges, DHS has provided additional visas in previous fiscal years, including FY 2023 and 2024. This consistent approach allows American businesses to plan ahead and hire the necessary temporary and seasonal workers. A must for economic growth Secretary of Homeland Security Alejandro N. Mayorkas emphasized the Department's commitment to boosting the US economy. By expanding the H-2B visa program, DHS can help businesses fill labor shortages, leading to lower consumer prices, reduced illegal immigration, and improved worker protections. Countries that qualify for the supplemental H-2B visas A total • • • • • • •
of 20,000 H-2B visas will be allocated to workers from these countries: El Salvador Haiti Guatemala Ecuador Colombia Honduras Costa Rica
This targeted allocation allows businesses to hire foreign workers from regions with strong historical ties to the US labor market. In providing visas specifically to these nations, the policy also aims to strengthen labor relationships and promote economic development both domestically and in the workers' home countries. Providing legal pathways for workers from these countries may also reduce irregular migration and associated challenges. In addition, 44,716 H-2B visas will be available to returning workers who got their H-2B visa or were granted the H-2B status from one of the previous 3 fiscal years. This regulation will provide supplemental visas for returning workers during the first half of the fiscal year, addressing early-season labor needs. Additionally, H-2B visas allocated for the second half of the year will help employers meet peak demand, particularly during the summer season. What does it mean for your business? If your business requires temporary, nonagricultural workers and you meet the eligibility criteria, the H-2B visa program can help you hire non-citizen employees. This program is ideal for seasonal or one-time labor needs, such as peak periods or intermittent work. If you're unsure whether your business qualifies, don't hesitate to consult our visa attorney in New York. What do you need to get H-2B workers? As an employer seeking H-2B workers, you must get DOL certification to show that you don’t have enough American workers who are qualified, available, and willing to work temporarily for you. Additionally, you must prove that hiring H-2B workers won’t negatively impact the working conditions and wages of similarly employed American workers. Important things to know about H-2B visa holders Note that H-2B visa workers can stay in the US for a maximum of three years. After this period, they must remain outside the country for at least three consecutive months before re-entering on an H-2B visa. To protect the interests of both foreign and domestic workers, the DOL and the DHS are collaborating to enforce recruitment policies that prioritize hiring American workers, as required by the H-2B visa program. This effort includes strict recruitment guidelines, adherence to prevailing wage standards, and diligent DOL oversight of the labor certification process to ensure compliance and fairness in hiring practices. These proactive measures help prevent labor exploitation by unscrupulous employers, safeguarding the rights and well-being of all workers involved. Navigate visa challenges with Berd & Klauss, PLLC. If you have more questions about H-2B visas, our lines are open here at Berd & Klauss, PLLC. Email
[email protected] or call 212-461-7152 to book an appointment with our visa attorney in New York.
