On December 2, 2024, the Department of Labor (DOL) and Department of Homeland Security (DHS) increased the H-2B visas for FY2025 by 64,716 visas, and also provided additional protections for U.S. workers, portability flexibility for H-2B workers seeking to change employers, and additional recruitment requirements for certain employers. [Federal Register 89 FR 95626]
Of the 64,716 visas available, up to 44,716 are limited to H-2B returning workers, and up to 20,000 are reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica.
In support of this rule, Office of Foreign Labor Certification (OFLC) posted the new Form ETA-9142-B-CAA-9 and accompanying instructions.
To learn more, visit H2B Visa and Can H2B visa be extended?.
Additional H-2B Visas for FY2025
The supplemental 64,716 H-2B worker visas for FY 2025 will be divided into the following four allocations:
Additional US worker protections
To hire H-2B workers under the FY 2025 supplemental cap, employers must attest that they will suffer irreparable harm without the ability to employ all H-2B workers requested. This includes conducting a thorough US labor market testing to find qualified U.S. workers. They must obtain certification from the DOL that there are insufficient qualified U.S. workers available and that hiring H-2B workers won’t negatively impact U.S. worker wages or conditions.
This attestation is required with Form I-129 submitted to U.S. Citizenship and Immigration Services (USCIS) in support of an H-2B application subject to the H-2B cap.
Important Deadlines:
For further information, please refer to the attestation form available on the OFLC website at: https://www.dol.gov/agencies/eta/foreign-labor/forms.
Portability Flexibility for H-2B Workers Changing Employers
Beyond the increased visa cap, DHS is offering H-2B employers greater flexibility. Starting January 25, 2025, H-2B workers with valid status can begin working for a new employer before their new H-2B petition is approved, for up to 60 days. However, such employment authorization would end 15 days after USCIS denies the H–2B petition or such petition is withdrawn. This applies to workers with petitions filed on or after January 25, 2025, or H–2B petitions that are pending as of January 25, 2025. This portability ends on January 24, 2026.
Additional Recruitment Requirements for Certain Employers
If your H-2B employment start date is 30 or more days before you file your visa petition with USCIS, you may be required to conduct additional recruitment.
If required, you must provide OFLC with your temporary labor certification (TLC) case number concurrently with placing new job orders with the State Workforce Agency.
To notify OFLC National Processing Center (OFLC NPC), send an email to H2Bsupplementalvisas@dol.gov with the subject line: “H-2B TFR 2025 Recruitment” followed by your unique TLC case number in the subject line.
Malescu Law can assist
Despite its complexity and annual limits on the number of visas available, the H-2B visa program is highly valuable as it allows employers to address temporary labor needs by hiring foreign workers.
If you are an employer seeking to bring workers from outside the US, contact us or schedule an appointment with our experienced H2B visa lawyer in Miami, Florida, USA, to assist you with the H-2B visa and application process.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
