H-2B Visa Cap Reached for Second Half of FY 2025:
What Employers Need to Know

Posted on May 12, 2025 – Keller Law Group, LLC

On March 26, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated cap of 33,000 H-2B visas for the second half of fiscal year 2025. This cap applies to temporary nonagricultural workers with employment start dates between April 1 and September 30, 2025.

As a result, USCIS will now reject any new cap-subject petitions for H-2B visas with start dates in that window, unless they fall under special supplemental or cap-exempt categories.

The H-2B visa allows U.S. employers to hire foreign workers for temporary nonagricultural jobs when no sufficient U.S. workers are available. This visa is essential for industries such as:

• Hospitality
• Landscaping
• Construction
• Seafood processing

Each year, only 66,000 H-2B visas are available—33,000 for the first half (October 1–March 31) and 33,000 for the second half (April 1–September 30).

To meet seasonal labor demands, USCIS has made additional H-2B visas available:

• 19,000 returning worker visas for start dates from April 1 to May 14, 2025.
• 5,000 more returning worker visas for start dates from May 15 to September 30, 2025.
• 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. As of March 27, over 12,000 of these remain available.

Some H-2B petitions are not subject to the annual cap. USCIS continues to accept:

• Extensions, employer changes, or job modifications for current H-2B workers.
• Petitions for workers in the fish roe processing industry.
• Petitions for positions in the Northern Mariana Islands and Guam.

If your business depends on H-2B workers, it’s crucial to act quickly and strategically:

• Monitor updates on supplemental visa availability.
• Consider alternative staffing models or cap-exempt categories.
• Evaluate other visa options with an immigration professional.

At Keller Law Group LLC, we guide businesses through the complexities of immigration compliance and H-2B filings. Our team can help you:

• Determine if your position qualifies for a supplemental or cap-exempt petition.
• Prepare and file time-sensitive H-2B applications.
• Explore alternative visa solutions tailored to your workforce needs.

Need help with your H-2B strategy? Contact us today for a consultation. Let’s ensure your business remains fully staffed and compliant, no matter the cap.