DHS AND DOL EXPECT TO SUPPLEMENT H-2B VISA CAP FOR FY 2025
December 18, 2024
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On November 15, 2024, the U.S. Department of Homeland Security (“DHS”), in coordination with the U.S. Department of Labor, released plans to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (“FY”) 2025. While 66,000 H-2B visas are available each fiscal year, Congress authorizes DHS to supplement the H-2B visa cap when necessary. The additional H-2B visas represent the maximum permitted and match the supplemental temporary visas provided in FY 2024. Through the H-2B visa program, eligible employers can hire noncitizens to perform labor and/or services in the United States on a temporary basis. Any employment under the H-2B visa program must be temporary in nature, such as a one-time occurrence, seasonal need, or intermittent need. After a total of three years, an individual within the United States on H-2B nonimmigrant status must depart and remain outside the United States for an uninterrupted three-month period. After departing the United States and fulfilling the waiting period, readmission as an H-2B nonimmigrant is permitted.
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