In a recent announcement, the U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2024. This marks a crucial development in the ongoing efforts to manage temporary non-agricultural worker visas. The USCIS is now unveiling the filing dates for supplemental H-2B visas, providing relief for U.S. businesses facing irreparable harm due to labor shortages.
H-2B Cap for Second Half of FY 2024:
The USCIS has received a sufficient number of petitions to meet the H-2B cap for the second half of FY 2024. March 7, 2024, served as the final receipt date for new cap-subject H-2B worker petitions, requesting employment start dates between April 1, 2024, and Oct. 1, 2024. Any petitions received after this date, seeking employment within the specified period, will be rejected.
However, the USCIS will continue to accept H-2B petitions exempt from the cap. This includes petitions for current H-2B workers in the United States seeking extension, changes to employment terms, or changes in employers. Additionally, exemptions apply to fish roe processors, technicians, supervisors, and workers in the Commonwealth of the Northern Mariana Islands and/or Guam until December 31, 2029.
Filing Dates for Second Half of FY 2024 Supplemental Visas:
To address the heightened demand for H-2B workers, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule on Nov. 17, 2023. This rule increases the numerical limit on H-2B Non Immigrant visas by up to 64,716 additional visas for all of FY 2024. These supplemental visas are exclusively available to U.S. businesses facing irreparable harm due to labor shortages.
The filing start dates for the remaining supplemental visa allocations are as follows:
- For employers seeking workers from specific countries (El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica) for employment between April 1, 2024, and Sept. 30, 2024: USCIS will begin accepting petitions on March 22, 2024.
- For employers seeking returning workers for the early second half of FY 2024 (April 1 to May 14): USCIS will begin accepting petitions for the additional 19,000 visas on March 22, 2024.
- For employers seeking returning workers for the late second half of FY 2024 (May 15 to Sept. 30): USCIS will begin accepting petitions for the additional 5,000 visas on April 22, 2024.
It’s important to note that USCIS will stop accepting petitions under this temporary final rule after Sept. 16, 2024, or once the applicable cap has been reached, whichever occurs first.
Upcoming Changes in Required Fee and Form Editions:
A further development in H-2B visa processing is the adjustment of fees required for most immigration applications and petitions. USCIS announced a final rule, published on Jan. 30, 2024, which will be effective on April 1, 2024. There will be no grace period for filing the new version of Form I-129, Petition for a Non Immigrant Worker, as it must include the new fee calculation.
H-2B petitions postmarked on or after April 1, 2024, must include the new fees and be filed on the 04/01/24 edition of the form, or they will not be accepted. A preview version of the updated form has been published by USCIS.
Conclusion:
As the USCIS reaches the H-2B cap for the second half of FY 2024, the announcement of filing dates for supplemental visas brings both challenges and opportunities for U.S. businesses. Employers should carefully adhere to the specified filing dates and take note of the upcoming changes in fees and form editions to ensure the smooth processing of H-2B petitions. This dynamic landscape reflects the ongoing efforts to balance labor needs with immigration regulations in the United States.
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