In the constantly evolving landscape of U.S. immigration, keeping up-to-date with the latest filing dates, caps, and regulations is crucial for businesses and workers alike. Recently, U.S. Citizenship and Immigration Services (USCIS) has announced significant updates regarding the H-2B visa cap for the second half of Fiscal Year (FY) 2024 and the introduction of filing dates for supplemental H-2B visas. Here, we’ll break down what you need to know about these updates, focusing on the H-2B cap reached and FY 2024 supplemental visas, along with USCIS filing dates.
Understanding the H-2B Visa
The H-2B visa is a crucial pathway for U.S. employers to recruit foreign nationals for nonagricultural labor or services in the United States. These visas are particularly important for industries that require additional seasonal, peak load, or intermittent staff. Hence, reaching the H-2B cap impacts many businesses and foreign workers.
H-2B Cap Reached for the Second Half of FY 2024
USCIS has announced that as of March 7, 2024, it has received enough petitions to meet the H-2B cap for the second half of FY 2024. This cap is a congressionally mandated limit, beyond which no new cap-subject H-2B worker petitions can be accepted. Specifically, this applies to petitions requesting an employment start date on or after April 1, 2024, and before October 1, 2024. USCIS has made it clear that any new cap-subject H-2B petitions received after March 7, 2024, will be rejected if they request employment within this date range.
However, it’s important to note that USCIS continues to accept H-2B petitions that are exempt from this cap. This includes petitions for:
- Current H-2B workers in the United States seeking to extend their stay.
- Fish roe processors, fish roe technicians, and supervisors of fish roe processing.
- Workers in the Commonwealth of the Northern Mariana Islands and/or Guam, effective until December 31, 2029.
Filing Dates for Second Half of FY 2024 Supplemental Visas
In response to the cap being reached, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have introduced a temporary final rule, effective as of November 17, 2023. This rule temporarily increases the numerical limit (cap) on H-2B visas by up to 64,716 additional visas for FY 2024.
To apply for these supplemental visas, U.S. employers must attest to their need to avoid irreparable harm without the ability to employ all the H-2B workers requested. Below are the crucial filing dates for these additional visas:
- For employer petitions for workers from specific countries (El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica): Start date is March 22, 2024.
- For returning workers for early second half of FY 2024 (April 1 to May 14): Start date is March 22, 2024.
- For returning workers for the late second half of FY 2024 (May 15 to September 30): Start date is April 22, 2024.
Petitions under this temporary rule will not be accepted after September 16, 2024, or after the applicable cap has been reached, whichever is sooner.
Reminder: Upcoming Changes in Required Fee and Form Editions for H-2B Petitions
Lastly, prospective H-2B petitioners should be aware of upcoming changes in the fees and form editions required for filing. Starting April 1, 2024, USCIS has adjusted the fees for most immigration applications and petitions, including H-2B visas. These changes require that all H-2B petitions postmarked on or after April 1, 2024, must include the new fees and be filed using the current edition of the form, or they will not be accepted.
Conclusion
The announcement of the H-2B cap being reached for the second half of FY 2024 and the filing dates for the supplemental visas are critical updates that employers and workers need to be aware of. As the landscape of U.S. immigration continues to change, staying informed and prepared is key. For more detailed information and guidance, visiting the official USCIS website can provide authoritative insight into navigating these processes effectively.
This Article In A Nutshell:
Staying current with U.S. immigration updates is vital for businesses and workers. USCIS’ latest H-2B visa changes affect FY 2024 filings. The cap’s reached for April to October 2024, but exemptions apply. DHS/DOL offer extra visas, with key filing dates from March to April 2024. New fee/form rules start April 1, 2024. Stay informed and prepared!
