As of March 8, 2024, US Citizenship & immigration Services (USCIS) announced that it has received enough petitions to meet the numerical limit for H-2B visas for the second half of FY 2024 which runs from April 1, 2024, to September 30, 2024.
Currently, USCIS continues to accept H-2B petitions that are exempt from the cap. This includes petitions for:
- H-2B workers currently in the United States who wish to extend their stay and, if applicable, and/or change their employers.
- Temporary workers for the fish roe processing industry, including processors, technicians and supervisors.
- Temporary workers in the Northern Mariana Islands and/or Guam.
During late 2023, the numerical limit, also known as cap on H-2B visas was increased by approximately 64,000 additional visas for all of FY 2024. These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods during the fiscal year.
Below are the filing start dates for each of the remaining supplemental visa allocations under the temporary final rule:
- For employers seeking to hire workers form El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether they are returning workers: USCIS will begin accepting petitions on March 22, 2024 for employers requesting an employment start date during H2 FY 2024 which is from April 1, 2024, to Sept. 30, 2024.
- For employers seeking returning workers for the early second half of FY 2024, April 1 to May 14, USCIS will begin accepting petitions on March 22, 2024 for the additional 19,000 visas made available to returning workers regardless of country of nationality.
- For employers seeking returning workers for the late second half of FY 2024, May 15 to Sept. 30, USCIS will begin accepting petitions on April 22, 2024 for the additional 5,000 visas made available to returning workers regardless of country of nationality.
A returning worker is defined as a person who received H-2B visas or was otherwise granted H-2B status during one of the last three fiscal years.
If you are a US employer, seeking to bring workers from outside the US, contact us or book a consultation with our experienced H2B visa lawyer in Miami, Florida, USA, to assist you with H-2B visa application process.
Malescu Law P.A. – Business & Immigration Lawyers
