Us H-2b Visa Cap Hits Limit For Fy25 Early Second Half: No Relief For Indian Applicants?

The US Citizenship and Immigration Services (USCIS) has closed nan model for filing petitions nether nan further 19,000 H-2B visas meant for returning workers for nan early portion of nan 2nd half of FY 2025. The headdress was reached by April 18, and immoderate applications received aft that day will beryllium rejected, USCIS announced successful a announcement issued connected April 24.

The further visas were issued nether nan FY 2025 H-2B supplemental headdress impermanent last rule, allowing returning workers pinch commencement dates from April 1 to May 14 to return up impermanent non-agricultural jobs successful nan United States. These roles span sectors specified arsenic hospitality, construction, and maintenance.

While nan 19,000 headdress for returning workers has now been exhausted, a abstracted quota of 20,000 H-2B visas remains disposable for nationals from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. Unlike returning workers, applicants from these countries do not request anterior H-2B visa history.

The H-2B visa allows US employers to prosecute overseas nationals for short-term, non-agricultural positions, typically seasonal aliases highest load jobs. The programme has an yearly headdress of 66,000 visas, divided arsenic crossed 2 halves of nan fiscal year. The maximum enactment connected an H-2B visa is 3 years, aft which a worker must stay extracurricular nan US for astatine slightest 3 months earlier reapplying.

In December 2024, a cardinal update was introduced, giving H-2B workers a 60-day grace play to find caller employment aliases depart nan US successful lawsuit of occupation loss, helping them support ineligible position without contiguous deportation risks.

Indian nationals, however, stay ineligible for nan H-2B programme. India is not connected nan US Department of Homeland Security’s existent list of eligible countries, which includes Australia, Brazil, Canada, and respective others.

USCIS says countries whitethorn beryllium excluded based connected concerns specified as:

• High visa overstay aliases refusal rates

• Fraud aliases misuse of nan programme

• Non-compliance pinch visa conditions

• Human trafficking risks

Published on: Apr 25, 2025 12:49 PM IST