The Department of Homeland Security said in a news release that it would make 64,716 additional H-2B temporary nonagricultural worker visas available for Fiscal Year 2025 in addition to the congressionally mandated 66,000 H-2B visas available each fiscal year. 

These additional H-2B visas, identical to those provided for fiscal year 2024, represent the maximum allowed by Congress. The departments were authorized to allocate supplemental cap numbers from fiscal years 2017 to 2024 under the statutory authority granted for each year.

American businesses in roofing, hospitality, landscaping, and seafood processing rely on the H-2B visa program for seasonal and temporary workers to meet demand. The additional visa allocation addresses shortages in areas with insufficient U.S. workers. Employers must first recruit American workers for jobs, as mandated by the H-2B program,

“The Department of Homeland Security is committed to further growing our nation’s strong economy,” said Secretary of Homeland Security Alejandro N. Mayorkas. “By maximizing the use of the H-2B visa program, the Department of Homeland Security is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States."

The H-2B supplemental rule allocates 20,000 visas to workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, along with 44,716 visas for returning workers who held H-2B visas in the past three fiscal years.

The regulation will allocate supplemental visas for returning workers across the fiscal year, reserving part of the second half specifically to meet the demand for seasonal workers during the peak summer season.

Employers should consider the following important points about H-2B visas:

• The H-2B visa program permits eligible employers to hire noncitizens to perform temporary nonagricultural labor or services in the United States. 
• The employment must be temporary, such as a one-time occurrence, seasonal need, peak load need, or intermittent need. 
• Employers seeking H-2B workers must obtain certification from DOL that there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work 
• it must be demonstrated that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• The maximum period of stay in the H-2B classification is three years.
• A person who has held H-2B nonimmigrant status for three years must depart and remain outside of the United States for three months before seeking readmission as an H-2B nonimmigrant.