In an effort to address workforce shortages and support U.S. businesses, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have announced a temporary final rule allocating an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2025. This initiative aims to assist industries such as hospitality, landscaping, seafood processing, and others by providing access to workers for roles U.S. employers are struggling to fill.
Key Details of the Supplemental Visa Allocation
- Returning Worker Priority:
- Approximately 44,700 visas are reserved for individuals who held H-2B status or visas in fiscal years 2022, 2023, or 2024, regardless of their nationality.
- An additional 20,000 visas are allocated for nationals of select countries, including Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of their prior visa status.
- Phased Release:
- First Half of FY 2025 (Oct. 1, 2024 – March 31, 2025): 20,716 visas are immediately available for returning workers.
- Early Second Half (April 1 – May 14, 2025): 19,000 visas for returning workers during this window.
- Late Second Half (May 15 – Sept. 30, 2025): 5,000 visas for returning workers available for late-season hiring.
- Reserved Visas for Nationals of Select Countries: 20,000 visas are available for the entirety of FY 2025 to support migration agreements with key countries.
Employer Responsibilities
Employers seeking to utilize these visas must:
- Certify that they are experiencing or will experience significant harm without these workers.
- Demonstrate a genuine effort to recruit U.S. workers through a labor market test verified by the Department of Labor.
- Ensure hiring foreign workers does not negatively impact the wages or working conditions of U.S. employees in similar roles.
Protecting Worker Rights
The rule incorporates measures to safeguard H-2B workers from exploitation. Employers with a history of labor law violations face stricter scrutiny, and DHS is actively working on modernizing the H-2B program to improve flexibility and protections for workers. A recent proposal by DHS also highlights its commitment to enhancing both H-2B and H-2A programs.
The Broader Impact
This initiative not only supports U.S. businesses but also contributes to a lawful and organized labor pathway for workers, reinforcing bilateral cooperation with key partner countries. By providing a temporary workforce solution, these visas play a vital role in sustaining economic stability while addressing critical labor shortages.
For employers or prospective H-2B applicants, looking for more information please contact us.