USCIS Reaches Cap for Additional H-2B Visas; Indians Exempt from Application

The USCIS has announced reaching the cap of 19,000 additional H-2B visas for returning workers in fiscal year 2025. Indian applicants are not affected as they do not qualify for this visa. 66,000 visas are allocated annually, split into two periods. Employers facing irreparable harm may still file for exemptions under specific conditions.

The United States Citizenship and Immigration Services (USCIS) has declared that it has received an adequate number of petitions to reach the cap of 19,000 additional H-2B visas designated for returning workers during the early second half of fiscal year 2025. This announcement was made on a Wednesday, and it highlights that 20,000 visas are specifically reserved for nationals from certain countries, including El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, who are exempt from returning worker requirements.

The notification from USCIS stated, “As of April 18, 2025, USCIS has received enough petitions to reach the additional 19,000 H-2B visas made available for returning workers for the early second half of FY 2025…” Consequently, any petitions that are cap-subject and submitted after April 18 will be rejected.

Notably, Indian nationals will not be affected by this news, as they do not qualify for the H-2B visa program, which permits foreign workers to enter the US temporarily for non-agricultural services or labor during seasonal or peak load periods. USCIS allows U.S. businesses facing irreparable harm due to insufficient H-2B workers to submit petitions under the temporary increase, provided certain conditions are met.

Employers requesting H-2B workers must have previously issued visas or granted H-2B status during fiscal years 2022, 2023, or 2024, unless they seek to petition for workers under the designated 20,000 country-specific allocation. The total H-2B cap is 66,000 visas annually, split between two six-month periods.

In conclusion, the USCIS has reached the cap for additional H-2B visas for returning workers for early fiscal year 2025, with certain exemptions for specific countries. Indian nationals remain unaffected by this cap as they are not eligible for H-2B visas. The overall H-2B cap stands at 66,000, divided into two halves annually, responding to demands of U.S. businesses for seasonal labor.

Original Source: www.hindustantimes.com