USCIS Reaches Cap on H-2B Visa Petitions; Indian Nationals Exempted

USCIS has reached the cap on additional H-2B visas for returning workers, affecting petitions submitted after April 18, 2025. Notably, Indian nationals are not impacted, as they do not qualify for this visa. Moreover, 20,000 visas are allocated for specific Central American nations, exempting them from the returning worker requirement.

The United States Citizenship and Immigration Services (USCIS) has announced that it has reached the cap on the additional 19,000 H-2B visas allocated for returning workers in the early second half of fiscal year 2025. This announcement was made on Wednesday, highlighting that these visas are effective for individuals starting from April 1 to May 14, 2025. The agency clarified that petitions submitted after April 18, 2025, would be rejected due to this cap being met.

Moreover, it is critical to note that nationals from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica are excluded from the returning worker requirement, as they have an allocation of 20,000 visas reserved specifically for them. Consequently, individuals from these countries can apply without the need for prior H-2B employment history, unlike other applicants.

It is essential to emphasize that Indian nationals remain unaffected by this announcement, as they do not qualify for the H-2B visa, which is aimed at foreign workers undertaking temporary non-agricultural services. This visa is designated for workers filling in for seasonal or peak labor demands in the U.S.

USCIS has noted that employers facing irreparable financial harm may submit H-2B petitions under this temporary increase if they can prove that the employment of requested workers is critical. Notably, employers may only seek workers who held H-2B status in fiscal years 2022, 2023, or 2024 unless they are petitioning under the aforementioned country-specific allocation. Currently, the overall cap for H-2B visas is set at 66,000 for each fiscal year, split evenly across both halves of the year.

The recent announcement by USCIS regarding the cap on H-2B visas signifies that the additional allocation of 19,000 visas for returning workers has been fulfilled. A special exemption applies to certain Central American countries, while Indian nationals are not affected by this visa category. Employers with legitimate needs may still petition under specific conditions, although the overall cap remains at 66,000 annually, divided between the two halves of the fiscal year.

Original Source: www.hindustantimes.com