The U.S. Citizenship and Immigration Services (USCIS) has announced critical updates to the H-2B visa program. This includes the reaching of the cap for the second half of the fiscal year (FY) 2024 and new filing dates for the remaining supplemental H-2B visas.
H-2B Cap Reached
The congressionally mandated H-2B cap for the second half of FY 2024 has been met. New cap-subject H-2B petitions requesting employment start dates on or after April 1, 2024, and before Oct. 1, 2024, submitted after March 7, 2024 will not be accepted.
However, USCIS will still process H-2B petitions exempt from the cap, including those for:
- Current H-2B workers in the U.S. seeking to extend their stay or change employers.
- Fish roe processors, technicians, and supervisors.
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam.
Supplemental Visa Filing Deadlines
The Department of Homeland Security (DHS) and the Department of Labor (DOL) have jointly released additional H-2B visas for FY 2024. U.S. businesses must demonstrate they will suffer irreparable financial harm if they cannot employ H-2B workers. Here are the important filing deadlines:
- Employers seeking workers from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica: USCIS will accept petitions starting March 22, 2024 (employment start dates April 1 – Sept 30, 2024).
- Employers seeking returning workers for April 1 – May 14: Petitions open March 22, 2024.
- Employers seeking returning workers for May 15 – Sept. 30: Petitions open April 22, 2024.
The deadline for all supplemental visa petitions under this rule is September 16, 2024, or when the cap for any category is reached.
Important Fee and Form Edition Updates
USCIS has adjusted the fees for most immigration applications and petitions. These new fees take effect on April 1, 2024. H-2B petitions postmarked on or after this date must include the new fees and be filed on the updated Form I-129 (edition 04/01/24).
For more details on these changes, visit the USCIS website.