If you’re an H-1B hopeful exploring backup pathways or seeking work in the U.S. under temporary employment categories, the latest update from the United States Citizenship and Immigration Services (USCIS) is a golden opportunity worth your attention.
As of March 26, 2025, USCIS has reached the H-2B cap for the second half of Fiscal Year (FY) 2025—but here’s the good news: filing dates for supplemental H-2B visas are now available under a special cap increase. This temporary expansion is a major win for U.S. employers and foreign workers alike, especially those with previous H-2B experience or nationals from eligible countries.
What’s the H-2B Visa and Why This News Matters?
The H-2B visa is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers for non-agricultural jobs (think landscaping, construction, hospitality, and more) when qualified U.S. workers are not available.
Due to strong employer demand, USCIS hit the H-2B cap for FY 2025’s second half on March 5, 2025. However, thanks to a special provision by DHS and DOL, a temporary final rule has made 64,716 additional visas available for the remainder of FY 2025—offering a new window of opportunity for those seeking U.S. work experience.
Who Can Apply for These Additional US H-2B Visas?
This opportunity is for:
- U.S. employers facing irreparable harm (severe financial loss) without the ability to hire the requested H-2B workers, as attested in a special form.
- Returning workers: Those who held H-2B status or were issued H-2B visas in FY 2022, 2023, or 2024.
- Nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of past H-2B status.
Important Filing Dates You Need to Know for Second Half of 2025
Following is the summary of new filing dates for second half of application submissions for H-2B visas:
| Visa Category | Visas Available | Employment Start Dates | Filing Begins |
|---|---|---|---|
| Returning Worker Allocation #1 | 19,000 | April 1 – May 14, 2025 | March 20, 2025 |
| Returning Worker Allocation #2 (Late Season) | 5,000 | May 15 – Sept. 30, 2025 | April 21, 2025 |
| Country-Specific Allocation | 20,000 | Oct. 1, 2024 – Sept. 30, 2025 | March 20, 2025 (for start dates after April 1, 2025) |
Note: Petitions must be received by September 15, 2025, or before the cap is reached—whichever comes first.
Now the Question is How to Apply for the Additional H-2B Visa?
To submit a valid H-2B petition for these supplemental visas, employers must:
- Obtain an approved Temporary Labor Certification (TLC) from the Department of Labor that matches the petition’s employment period.
- File Form I-129 with USCIS along with the required fees.
- Submit the new attestation form ETA 9142–B-CAA-9, declaring that the business is facing or will face irreparable harm without these workers.
- Clearly specify which visa allocation (early second half, late second half, or country-specific) the petition is for—only one can be selected per petition.
- Retain supporting documentation proving irreparable harm and worker eligibility for three (03) years, in case of audits or reviews by DHS/DOL.
⏰ Final Reminder on Deadline for Additional H-2B Visa filing date
The last date to apply for FY 2025 supplemental H-2B visas is September 15, 2025. USCIS will reject late petitions and deny all pending ones not approved by October 1, 2025. If your start date is after September 30, your petition will be counted toward the FY 2026 cap.
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