On December 15, 2024, the Department of Homeland Security (DHS), in collaboration with the Department of Labor (DOL), has announced plans to issue an additional 64,716 H-2B temporary nonagricultural worker visas for the Fiscal Year (FY) 2025. This supplement is in addition to the congressionally mandated 66,000 H-2B visas issued annually and matches the supplemental numbers from FY 2024.

This step aims to address labor shortages in seasonal industries, strengthen worker protections, and reduce irregular migration into the United States. Employers must prioritize hiring American workers before seeking foreign labor due to worker shortages in various industries. Additionally, half allocation reserved for the second half of the fiscal year will address peak seasonal labor demands. Here’s a breakdown of the key information and what it means for businesses and workers:

Introduction to the H-2B Visa Program

The H-2B visa program is a vital component of the United States’ immigration system, allowing American businesses to hire foreign nationals for temporary, non-agricultural work. This program is designed to address labor shortages in various industries, ensuring that employers can meet their workforce needs and maintain a competitive edge in the global market. By providing a legal pathway for hiring temporary foreign workers, the H-2B visa program supports American businesses in sectors such as hospitality, tourism, landscaping, and seafood processing, which are often hit hardest by seasonal labor shortages.

What is the H-2B Visa Program?

The H-2B visa program is a non-immigrant visa program that permits U.S. employers to hire foreign workers for temporary, non-agricultural labor or services. Administered by the Department of Homeland Security (DHS) and the Department of Labor (DOL), the program requires employers to demonstrate that there are not enough U.S. workers available, willing, and qualified to perform the temporary work. This ensures that the employment of foreign workers does not negatively impact the job opportunities, wages, or working conditions of U.S. workers.

Understanding the H-2B Visa Program for Seasonal and Temporary Workers

The H-2B visa program allows U.S. employers to hire foreign seasonal and temporary workers for temporary nonagricultural jobs under specific conditions:

  • Types of work: Seasonal, peakload, one-time, or intermittent needs.
  • Eligible industries: Hospitality, tourism, landscaping, seafood processing, and others facing labor shortages.
  • Employer requirements:
  • Demonstrate efforts to recruit U.S. workers first.
  • Ensure the employment of H-2B workers does not negatively affect wages or conditions for U.S. workers.

Key Highlights of the FY 2025 Supplemental Visa Allocation

1. Additional 64,716 Visas

  • This allocation represents the maximum permitted by Congress for FY 2025.
  • The DHS has consistently provided supplemental H-2B visas in previous years, from FY 2017 through FY 2024, under temporary statutory authority.

2. Distribution of Supplemental Visas

  • 20,000 visas reserved for workers from the following countries:
    • Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica.
  • 44,716 visas allocated for returning workers, defined as:
    • Those who held H-2B visas or were granted H-2B status during one of the last three fiscal years.
  • Visas will be distributed across the fiscal year:
    • First half: To address immediate needs.
    • Second half: Includes a reserve for peak summer demand.

Eligibility and Application Process

To participate in the H-2B visa program, employers must meet specific eligibility requirements and follow a multi-step application process. First, employers must test the U.S. labor market by advertising job openings to U.S. workers and documenting their recruitment efforts. If they can prove a shortage of willing, qualified, and available U.S. workers, they can then obtain certification from the DOL. This certification confirms that hiring foreign workers will not harm existing U.S. workers’ wages or working conditions. Finally, employers must submit an H-2B petition through U.S. Citizenship and Immigration Services (USCIS) to bring in foreign workers.

Protecting Workers and Ensuring Compliance

Both DHS and DOL prioritize safeguarding the rights of both U.S. and foreign workers under the H-2B program by implementing robust measures to address labor shortages for seasonal businesses that struggle to find enough temporary employees:

  • Recruitment safeguards:
  • Employers must actively seek U.S. workers before hiring foreign labor.
  • Certification from DOL confirms a lack of available and qualified U.S. workers.
  • Worker protections:
  • Prevent exploitation of H-2B workers.
  • Strict regulations to ensure wages and conditions for U.S. workers are not adversely impacted.
  • Enforcement:
  • Employers who fail to comply face penalties and potential bans from the program.

DHS Statement on Economic Growth

Secretary of Homeland Security Alejandro N. Mayorkas emphasized the program’s role in strengthening the U.S. economy by:

  • Supporting businesses facing seasonal labor shortages.
  • Helping stabilize consumer prices.
  • Enhancing worker protections and discouraging irregular migration.

Statements from Others

On November 15, 2024, Rosanna Maietta, President and CEO of the American Hotel & Lodging Association (AHLA), responded to the Department of Homeland Security’s (DHS) decision to release 64,716 supplemental H-2B temporary nonagricultural worker visas for the 2025 fiscal year. These visas are critical to supporting labor shortages in the hospitality industry and other seasonal sectors.

“AHLA applauds DHS for announcing this important, sizeable increase in the number of H-2B visas, which will make it easier for small business hoteliers to access the seasonal workers they need,” said AHLA President & CEO Rosanna Maietta. “As chair of the H-2B Workforce Coalition, we welcome this decision, while urging Congress to step in and create a more predictable system based on the need for workers instead of the arbitrary, outdated H-2B visa caps in place today. We look forward to working with members of Congress to achieve just that.”

On December 15, 2024, U.S. Senators Susan Collins and Angus King stated:

“The release of over 64,000 additional H-2B visas is a welcome relief for small businesses throughout Maine that continue to face a shortage of employees.“These visas are a lifeline for our state’s economy, helping businesses meet the increasing demand for their products and services, especially as we enter the winter tourism season.”

Congresswoman Chellie Pingree (D-Maine) welcomed news from the Biden-Harris Administration that the Department of Homeland Security (DHS) and Department of Labor (DOL) will double the number of available H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2025 to nearly 131,000.

“H-2B visas are essential for seasonal businesses that depend on temporary workers, including many here in Maine— hotels, ski resorts, seafood processors, restaurants, and other industries across the country,” said Pingree. “When these businesses have certainty and stability, Maine communities and our economy thrive. Common sense immigration policies like the H-2B visa program help address the workforce shortages that small businesses in Maine continue to face. These seasonal worker visas have strong bipartisan support in Congress, and as a leader on the House Appropriations Committee, I’m proud to spearhead efforts to expand and improve the H-2B program.”

Benefits of the Increased Cap

The increased H-2B visa cap for Fiscal Year 2025 is expected to have a positive impact on American businesses and the U.S. economy. By allowing more foreign workers to enter the country, the increased cap will help address labor shortages in key industries, support small businesses and seasonal employers, and boost economic growth and competitiveness in the United States. This move demonstrates the U.S. government’s commitment to supporting American businesses and ensuring they have the workforce needed to thrive.

Supporting Small Businesses and the U.S. Economy

The increased cap will provide relief to small businesses and seasonal employers who rely heavily on temporary foreign workers to meet their labor needs. By allowing more foreign workers to enter the country, the increased cap will help to:

  1. Address labor shortages in key industries, such as hospitality, tourism, and landscaping.
  2. Support small businesses and seasonal employers who cannot find enough U.S. workers to fill temporary positions.
  3. Boost economic growth and competitiveness in the United States.
  4. Provide opportunities for foreign workers to earn higher wages and contribute to their home economies.

By increasing the H-2B visa cap, the U.S. government is demonstrating its commitment to supporting American businesses and addressing labor shortages in key industries. The increased cap will provide relief to small businesses and seasonal employers, while also promoting economic growth and competitiveness in the United States.

How Employers Can Apply

Employers seeking to hire H-2B workers must follow a series of steps:

  1. Test the U.S. labor market:
    • Advertise job openings to U.S. workers.
    • Document recruitment efforts and outcomes.
  2. Obtain certification from DOL:
    • Prove a shortage of willing, qualified, and available U.S. workers.
    • Ensure that hiring foreign workers will not harm existing U.S. workers’ wages or working conditions.
  3. Submit an H-2B petition:
    • Apply through U.S. Citizenship and Immigration Services (USCIS) to bring in foreign workers.

Limitations and Conditions

  • The maximum stay under H-2B classification is three years.
  • After reaching this limit, workers must:
    • Leave the U.S. for at least three uninterrupted months before reapplying.
  • Employers must ensure all filings are compliant with current regulations to avoid delays or penalties.

What’s Next?

  • A temporary final rule outlining further details, eligibility, and filing requirements will be published soon.
  • Updated information will be made available on the USCIS website.

This expanded visa allocation of visas for fiscal year through FY 2025 provides a critical lifeline for U.S. businesses facing labor shortages, while balancing protections for U.S. and foreign workers alike. By addressing these challenges, the DHS aims to promote economic growth and reduce irregular migration effectively.

H2B RESOURCES

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