Short Info: The government has a limit on a special work visa called H-2B for this year. No more new workers can use this visa for now, but some businesses in need might still be able to get it! Want to learn more about H-2B Visa Cap for FY 2024? Read this Article till the end for everything you need to know about the H-2B visa.
The H-2B visa program is for American businesses looking for temporary workers who aren’t in agriculture. But because so many businesses need these workers, there’s a limit on how many H-2B visas can be given out each year by Congress. And now, for the second part of fiscal year (FY) 2024, that limit has been reached.
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Key Dates and Deadlines
- March 7, 2024: The final receipt date for new H-2B petitions for the second half of FY 2024 (employment start dates between April 1, 2024, and September 30, 2024).
- March 22, 2024: Filing begins for supplemental visas for employers seeking workers from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (employment start dates April 1, 2024, to September 30, 2024).
- March 22, 2024: Filing begins for 19,000 supplemental visas for returning H-2B workers (employment start dates between April 1, 2024, and May 14, 2024).
- April 22, 2024: Filing begins for an additional 5,000 supplemental visas for returning H-2B workers (employment start dates between May 15, 2024, and September 30, 2024).
- September 16, 2024: Final date for USCIS to accept supplemental H-2B visa petitions under the temporary final rule (or when caps are reached).
Understanding H-2B Filing Exemptions
The H-2B cap for FY 2024 does not apply to all petitions. The following are exempt:
- Current H-2B workers in the U.S.: Those wishing to extend their stay, change their employment terms, or change employers.
- Fish roe processors, technicians, and supervisors: These occupations are exempt from the cap.
- Workers in the Commonwealth of the Northern Mariana Islands and/or Guam: Exempt until December 31, 2029.
What are the Supplemental H-2B Visas?
In November 2023, the Departments of Homeland Security and Labor raised the H-2B visa limit for FY 2024 by adding up to 64,716 extra visas. These extra visas are meant for American companies that can prove they’d face serious damage if they couldn’t hire more H-2B workers.
Filing Start Dates for Supplemental Visas
| Purpose | Filing Start Date |
| Employers seeking workers from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, Costa Rica (April 1 – Sept. 30 start dates) | March 22, 2024 |
| Returning workers (April 1 – May 14 start dates) | March 22, 2024 |
| Returning workers (May 15 – Sept. 30 start dates) | April 22, 2024 |
Supplemental Visa Caps
| Visa Type | Number of Visas |
| Workers from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, Costa Rica | Up to 42,716 |
| Returning workers (regardless of nationality) | Up to 24,000 |
How to Apply for Supplemental H-2B Visas
- Obtain Temporary Labor Certification from the Department of Labor.
- File Form I-129 (Petition for Nonimmigrant Worker) with USCIS.
- Supplement with DOL Form ETA 9142-B-CAA-8, demonstrating potential irreparable harm to your business.
H-2B Application Fees Changes (April 1, 2024)
Make sure to use the latest Form I-129 with updated fees when applying, as USCIS is changing application fees on April 1, 2024. This will help avoid any rejection of your H-2B petition.
Tips for a Successful H-2B Petition
- Start early: The H-2B application process can be time-consuming. Begin well in advance of your anticipated need for workers.
- Demonstrate a genuine need: Clearly explain why you cannot find U.S. workers to fill the temporary positions and how your business would be harmed.
- Provide strong documentation: Support your claims with evidence such as recruitment efforts, financial records, and contracts that depend on temporary workers.
- Consult with an immigration attorney: Consider seeking legal guidance for complex scenarios or to ensure your petition is complete and accurate.
Conclusion
The regular quota for H-2B Visa Cap for FY 2024 is all filled up, but there are still extra visas available for qualifying businesses. If you need more H-2B workers, it’s important to move fast and submit your applications before the deadlines. Remember to check the USCIS website (https://www.uscis.gov/) for the latest info and official instructions.
FAQ Related To H-2B Visa Cap for FY 2024
You may be eligible if your U.S. business can prove it would suffer irreparable harm without the ability to hire H-2B workers. Check USCIS guidelines for detailed requirements.
Current H-2B workers generally do not need supplemental visas. Their extensions or changes of employer are exempt from the cap.
The USCIS website (https://www.uscis.gov/) is the most reliable source for official updates and information on the H-2B visa program.
