In a dramatic development that is sending shockwaves through the U.S. labor and immigration sectors, the U.S. Citizenship and Immigration Services (USCIS) has announced that it has officially reached the cap for the additional 19,000 H-2B visas allocated for returning workers under the early second half of Fiscal Year (FY) 2025.
April 18, 2025, marked the final day USCIS accepted petitions for these supplemental visas, which were granted under the Temporary Final Rule (TFR) specific to FY 2025. These highly-coveted work permits were designated for employment start dates between April 1 and May 14, 2025, and were exclusively reserved for foreign nationals who had previously held H-2B status in any of the last three fiscal years.
Employers Face Labor Shortfall!
This sudden closure of the H-2B returning worker allocation comes amid an already boiling labor crisis in industries that rely heavily on seasonal and temporary foreign labor—landscaping, hospitality, tourism, and seafood processing, among others. For many U.S. employers, this announcement is a devastating blow, likely to impact operational capacity during peak spring and early summer months.
What This Means for Applicants and Employers?
The cap’s rapid closure highlights the unrelenting demand for seasonal workers, particularly as the American economy accelerates into its busiest hiring seasons. Employers who missed the April 18 cutoff are now scrambling for alternatives, with some likely to face significant delays in staffing.
Aspiring H-2B returning workers who were not included in the approved petitions will have to wait until the next visa allocation window opens—an uncertain and competitive process.
Context and Future Outlook
The H-2B visa program, which allows U.S. employers to bring foreign nationals to the U.S. for temporary non-agricultural jobs, is strictly capped by Congress. For FY 2025, the standard annual cap was 66,000, but additional visas—like the 19,000 for returning workers—were made available through a temporary expansion under DHS-DOLE agreements.
What’s Next?
With summer just around the corner, questions loom large: Will additional visa slots be released? Will Congress raise the cap permanently? And how will small businesses that rely on returning workers survive this shortfall?
Stay tuned as we track every development in this unfolding immigration and employment story!
