USCIS Reaches H-2B Visa Cap; Indian Applicants Not Affected

USCIS has announced that it has met the cap for an additional 19,000 H-2B visas for returning workers in FY 2025. Notably, 20,000 visas are reserved for certain countries, exempting Indian nationals from eligibility. The agency will reject any petitions received after April 18, 2025, signaling an urgent need for employers to file accordingly.

The United States Citizenship and Immigration Services (USCIS) has officially announced that it has received enough petitions to fulfill the cap for an additional 19,000 H-2B visas designated for returning workers during the early second half of fiscal year 2025. Importantly, 20,000 of these visas are exclusively allocated for nationals from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, who are exempt from the returning worker requirement.

The announcement specifies that as of April 18, 2025, the cap for the additional visas has been reached, applicable for start dates from April 1 to May 14, 2025, as per the FY 2025 H-2B supplemental cap temporary final rule, thus stating that any petitions received after this date will be rejected by the USCIS.

It is important to note that Indian nationals remain unaffected by this announcement, as they do not qualify for the H-2B visa, which is intended for foreign workers performing non-agricultural services on a temporary basis. According to USCIS guidelines, U.S. businesses can file H-2B petitions only for workers who held an H-2B visa or were granted H-2B status in fiscal years 2022, 2023, or 2024.

The current annual cap for H-2B visas is 66,000, which is divided into two equal halves: the first half runs from October 1 to March 31, and the second half from April 1 to September 30.

In summary, the USCIS’s recent announcement regarding H-2B visa petitions highlights the impact of the newly reached cap for the additional 19,000 visas while ensuring that specific countries benefit from exemptions. Indian visa applicants are not affected by these changes, reiterating that the H-2B visa is not accessible for them. Moreover, U.S. businesses facing significant harm and seeking H-2B workers must adhere to specific application guidelines under the current policy.

Original Source: www.hindustantimes.com