The Department of Homeland Security (DHS) and the Department of Labor (DOL) have issued a temporary final rule (TFR) for the fiscal year (FY) 2025 that provides an additional 64,716 H-2B temporary non-agricultural worker visas. These visas are meant to assist U.S. employers in industries like hospitality, tourism, landscaping, and seafood processing, who are unable to find U.S. workers to fill temporary positions.
This rule is part of a continuing effort, as DHS and DOL have authorized similar supplemental visa allocations in past years, including FY 2017 through FY 2024, based on statutory authority granted by Congress.
Breakdown of the FY 2025 H-2B Visa Allocation:
- First half of FY 2025 (Oct. 1, 2024 – March 31, 2025): 20,716 visas are available to returning workers (those who received an H-2B visa in FY 2022, 2023, or 2024), regardless of nationality.
- Early second half of FY 2025 (April 1, 2025 – May 14, 2025): 19,000 visas for returning workers, with employment start dates from April 1 to May 14, 2025.
- Late second half of FY 2025 (May 15, 2025 – Sept. 30, 2025): 5,000 visas for returning workers, with employment start dates from May 15 to September 30, 2025.
- Entirety of FY 2025: 20,000 visas reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. These are available regardless of whether applicants are returning workers.
Employer Requirements:
- Employers must demonstrate that hiring H-2B workers is necessary to prevent irreparable harm to their operations.
- They must prove, through DOL certification, that no U.S. workers are available, willing, or qualified for the temporary roles and that hiring H-2B workers will not negatively impact U.S. worker wages or conditions.
Worker Protection Measures:
- The rule also includes provisions to protect H-2B workers from exploitation and abuse. Employers with past labour law violations may face increased scrutiny during the petition process to ensure compliance.
The H-2B program helps U.S. employers meet temporary labour shortages while ensuring safeguards for both domestic and foreign workers. This program is especially crucial in industries with seasonal or fluctuating workforce demands.
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