U.S. Citizenship and Immigration Services (USCIS) has officially reached the cap for the additional 19,000 H-2B visas designated for returning workers for the early second half of Fiscal Year (FY) 2025.
These visas were made available under the H-2B Supplemental Cap Temporary Final Rule (TFR) and were intended for employers hiring returning H-2B workers with start dates between April 1 and May 14, 2025.
Key Deadline Passed
- Final petition receipt date: April 18, 2025
- Any petitions received after this date for these 19,000 visas will not be accepted
What Are H-2B Returning Worker Visas?
The H-2B visa is a nonimmigrant visa that allows U.S. employers to hire temporary non-agricultural workers when qualified U.S. workers are not available.
The “returning worker” provision allows employers to petition for foreign workers who have participated in the H-2B program within the last three fiscal years, making them eligible for an allocation separate from the standard H-2B cap.
FY 2025 H-2B Visa Structure
In FY 2025, USCIS issued a temporary final rule (TFR) that added a supplemental pool of 64,716 H-2B visas, divided into categories:
- 19,000 visas were specifically allocated for returning workers starting work from April 1 to May 14, 2025
- Other supplemental allocations remain open for:
- Northern Triangle countries (El Salvador, Guatemala, Honduras)
- Haiti
- Workers with later start dates (May 15–Sept 30, 2025)
What This Means for Employers
If you're an employer who missed the April 18 deadline:
- You cannot submit petitions for returning workers under this specific cap
- You may still be eligible to file under other available H-2B supplemental allocations (e.g., Northern Triangle or late second half)
- Stay updated by checking the USCIS H-2B Cap Count page
What’s Next?
- USCIS will continue accepting H-2B petitions for:
- Workers not subject to the cap (e.g., fish roe processors)
- Workers applying under other cap categories (as per the FY 2025 TFR)
- Employers are encouraged to plan early for peak-season labor needs
Summary
| H-2B Category | Cap Status | Start Dates | Final Petition Date |
|---|---|---|---|
| Returning Workers (Early 2nd Half) | ✅ Cap Reached | April 1 – May 14, 2025 | April 18, 2025 |
| Other FY 2025 Allocations | 🟡 Still Open | Varies | Rolling |
This development emphasizes the high demand for seasonal and temporary foreign workers in the U.S., especially among employers who rely on returning H-2B labor.
Stay informed and always submit petitions as early as possible during H-2B cap windows.
For ongoing updates, visit the USCIS H-2B FY 2025 page.
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