Key Takeaways
- As of March 28, 2025, the 33,000 H-2B visa cap for jobs starting October 1, 2024, to March 31, 2025, is reached.
- An additional 20,716 returning worker visas for the same period in FY 2025 are fully allocated, indicating significant labor demand.
- DHS and DOL are releasing 64,716 supplemental H-2B visas for FY 2025, with specific categories and deadlines for employer petitions.
As of March 28, 2025, the U.S. Citizenship and Immigration Services (USCIS) confirmed that the congressionally set cap for the H-2B visa program for the first half of fiscal year (FY) 2025 has been fully reached. The 33,000 H-2B visas allocated for jobs starting between October 1, 2024, and March 31, 2025, have all been issued. Additionally, an extra batch of 20,716 visas set aside for returning workers in the same period has also been exhausted, underscoring the high demand for this crucial visa program. In response to the unmet need, U.S. agencies are releasing supplemental visas for use during the remainder of the fiscal year. This update holds significant implications for U.S. employers who rely on temporary foreign labor to keep their businesses thriving.
Below, we’ll explain the key elements of the H-2B visa cap, the availability of supplemental visas, and the potential impacts of the current situation on various industries in the U.S. labor market. We’ll also examine actionable steps for employers looking to access these visas to fill critical workforce gaps.
The Role and Importance of the H-2B Visa Program
The H-2B visa program was introduced in 1952 as a way for U.S. employers to hire temporary non-agricultural workers when no U.S. workers are available for the job. Over the past decades, the program has become an indispensable tool for industries such as hospitality, landscaping, construction, seafood processing, and tourism. These businesses often experience seasonal surges in demand that require a larger workforce for a short period.
For example, in the landscaping sector—historically the largest user of the program—more than 31% of all H-2B visa applications relate to this field, according to data in recent years. Without the influx of temporary workers, these businesses face delayed projects, financial losses, and disruptions to operations.
Several factors make the H-2B program essential today. First, demographic changes in the U.S. labor force have created a shortage of workers willing to take on seasonal, physically demanding jobs. The aging population and shifts in workforce priorities mean fewer Americans are applying for these roles, leaving businesses scrambling to meet staffing needs. Programs like the H-2B visa fill this void, ensuring that critical sectors of the economy continue to function during high-demand months.
Why Demand for H-2B Visas Often Exceeds Supply
The annual cap on the H-2B visa program is set by Congress at 66,000 visas: 33,000 for the first half of the fiscal year (October 1 to March 31) and 33,000 for the second half (April 1 to September 30). However, the demand for these visas has consistently outstripped availability, leading to caps being reached well before job start dates. In fiscal year 2023, for example, the Department of Labor approved over 215,000 jobs for H-2B workers—an indication of just how critical these foreign workers are to U.S. businesses.
In the present fiscal year (FY 2025), the trend has continued. By January 7, 2025, the supplemental visa allocation for returning workers, which provided an additional 20,716 visas for the first half of the fiscal year, had also been fully used. The rapid depletion of these resources demonstrates the challenges faced by key industries in meeting labor demands within restricted visa limits.
The Availability of Supplemental Visas in FY 2025
To help alleviate the labor shortage, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have made an additional 64,716 supplemental H-2B visas available for FY 2025. These visas are divided into different categories according to eligibility and petitioning periods, giving employers new opportunities to hire workers during critical periods of need.
1. Supplemental Visas for April 1 to May 14, 2025
- Allocation: 19,000 visas
- Eligibility: These are reserved for returning workers who received H-2B visas in FY 2022, FY 2023, or FY 2024.
- Application Deadline: Employers can start filing petitions 15 days after the statutory cap is reached. These supplemental visas aim to address labor gaps for the spring and early summer peak seasons when demand is often highest.
2. Supplemental Visas from May 15 to September 30, 2025
- Allocation: 5,000 visas
- Eligibility: Also for returning workers, but specifically allocated for hiring during the late spring and summer months.
- Application Date: Petitions for these visas can begin 45 days after the second-half cap is reached. These visas offer flexibility for businesses preparing for summer operations.
3. Country-Specific Supplemental Visas
- Allocation: 20,000 visas
- Eligibility: These visas are specifically designated for applicants from El Salvador 🇸🇻, Guatemala 🇬🇹, Honduras 🇭🇳, Haiti 🇭🇹, Colombia 🇨🇴, Ecuador 🇪🇨, and Costa Rica 🇨🇷. Unlike other supplemental visas, these permits are available to workers from these countries regardless of whether they’ve had previous H-2B status.
- Application Details: Employers could start filing petitions as of December 2, 2024, for jobs beginning before March 31, 2025. These applications will also reopen after the second-half cap is exhausted for jobs starting on or after April 1, 2025.
By creating these additional categories, DHS and DOL aim to address both domestic labor shortages and international policy goals.
Filing Requirements and Deadlines for H-2B Employers
Employers competing for supplemental H-2B visas must follow a strict process outlined by DHS and the Department of Labor:
- Prove Economic Necessity:
Employers are required to confirm their business will suffer serious financial harm without the supplemental workforce. This declaration is a core part of each petition. - Secure Temporary Labor Certification (TLC):
A Temporary Labor Certification, approved by the Department of Labor, is a prerequisite for any H-2B petition. Employers must show they tried to recruit U.S. workers but failed to find suitable candidates. -
File Form I-129:
Once the TLC is approved, employers can file Form I-129 with USCIS. This form, coupled with the attestation of harm and other required documents (such as Form ETA 9142-B-CAA-9), is critical for visa approval.
It’s important for employers to act quickly. In competitive years like FY 2025, filing early can make all the difference since supplemental visa caps are also limited.
For more information regarding petition forms, deadlines, or guidelines, employers can refer to Form I-129 on USCIS’s official website.
Implications of the Current H-2B Landscape
The exhaustion of FY 2025’s H-2B visa cap, coupled with the high level of demand, has ramifications for several key stakeholders:
- Industries Dependent on Seasonal Labor:
Sectors like hospitality, seafood processing, and construction may face workforce shortages, potentially affecting revenues and production timelines. Supplemental visas provide some assistance, but they remain insufficient to meet total demand. -
Economic Growth and Productivity:
A shortage of temporary workers can lead to delays in meeting consumer demand or fulfilling contracts, which can create ripples across the U.S. economy. Stable workforces are especially critical during peak seasons for industries like tourism. -
Policymakers:
The recurring shortage of H-2B visas has reignited calls for raising the cap or reforming the program. Advocates argue that more dynamic solutions are needed to effectively address labor market realities.
As reported by VisaVerge.com, the urgency of reforming the H-2B visa program has grown louder each year, with business leaders emphasizing the need for long-term solutions, rather than temporary fixes like supplemental visas.
Closing Thoughts: The Path Forward for H-2B Employers
The H-2B visa program is undeniably vital for businesses across the United States. While supplemental visas offer temporary relief, they are not a long-term answer to the structural challenges facing the program. Employers are encouraged to stay informed, act quickly when filing supplemental petitions, and advocate for reforms that could make the program more efficient and responsive.
For FY 2025, employers should take note of the tightened timelines and ensure they meet all eligibility requirements for accessing these essential labor resources. Ongoing policy discussions will determine whether the H-2B program evolves to better suit modern labor needs in the coming years.
Learn Today
H-2B Visa → A non-immigrant visa allowing U.S. employers to hire foreign workers for temporary non-agricultural jobs due to labor shortages.
Temporary Labor Certification (TLC) → A document proving that hiring foreign workers won’t harm U.S. workers, issued by the Department of Labor.
Fiscal Year (FY) → A 12-month period for budgeting and financial purposes; in the U.S., it begins October 1 and ends September 30.
Supplemental Visa → Additional visas provided beyond the standard cap to meet high demands for foreign labor during critical periods.
Form I-129 → A petition filed with U.S. Citizenship and Immigration Services to request temporary employment for a non-immigrant worker.
This Article in a Nutshell
In FY 2025, the H-2B visa cap highlights America’s seasonal labor crisis. With 53,716 visas already exhausted, businesses reliant on non-agricultural foreign workers face staffing challenges. Supplemental visas offer temporary relief, but long-term reforms are needed. Employers must act swiftly, meet strict guidelines, and advocate for change to sustain vital industries.
— By VisaVerge.com
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