Key Points
- USCIS has received enough petitions to reach the additional H-2B cap for FY 2024
- USCIS made an additional 19,000 visas available for the supplemental cap
- The supplemental visas were available for returning workers in the second half of FY 2024
- USCIS is still accepting petitions from nationals of certain countries
- USCIS will start accepting petitions on April 22, 2024, for certain returning workers
Overview
US Citizenship and Immigration Services (USCIS) announced that it has reached the cap for an additional 19,000 H-2B visas made available for returning workers in the second half of fiscal year (FY) 2024.
Who is Affected?
Individuals eligible for the additional H-2B visas included returning workers with employment start dates between April 1, 2024, and May 14, 2024. The additional H-2B visas were allotted under the H-2B supplemental cap temporary final rule. Petitions requesting supplemental visas needed to be submitted by April 17, 2024. Please note that these visas are specifically for returning workers and have a limited time frame for employment start dates.
USCIS still accepts petitions for H-2B nonimmigrant workers who are nationals of Guatemala, El Salvador, Haiti, Honduras, Ecuador, Costa Rica, and Colombia. There are 20,000 visas available exclusively for nationals of the countries above. Additionally, those nationals must be exempt from the returning worker requirement and the congressionally mandated cap.
Looking Ahead
On April 22, 2024, USCIS will start accepting petitions for individuals in the late second half of FY 2024 who are requesting employment start dates between May 15, 2024, and September 30, 2024. There are 5,000 visas available under this location, which are limited to returning workers who were either issued H-2B visas or held H-2B status in fiscal years 2021 – 2023, regardless of their country of nationality.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Managing Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
