United States: Cap Reached for Additional Returning Worker H-2B Visas for First Half of FY 2024

U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2024 with start dates on or before March 31, 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR).

January 9, 2024 was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2024 first half returning worker allocation.

USCIS is still accepting petitions for H-2B nonimmigrant workers with start dates on or before March 31, 2024, for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation), as well as for those who are exempt from the congressionally mandated cap. As of January 12, 2024, USCIS has received petitions requesting 4,500 workers under the 20,000 visas for the country-specific allocation. USCIS encourages petitioners with start dates on or before March 31, 2024 to file under the country-specific allocation while visas remain available.

Background

The FY 2024 TFR was published on November 17, 2023, with an immediate effective date. USCIS immediately began accepting H-2B petitions with start dates on or before March 31, 2024, for the 20,716 returning worker allocation for the first half of FY2024, and the 20,000 allocation for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica who are exempt from the returning worker requirement.

As a reminder, the remaining supplemental H-2B visas have been divided into the following allocations:

• For the early second half of FY 2024 (April 1 to May 14): There are 19,000 visas limited to returning workers regardless of country of nationality. These early second half of FY 2024 petitions must request employment start dates from April 1, 2024, to May 14, 2024. Employers must file these petitions no earlier than 15 days after the second half statutory cap is reached, a date that USCIS will identify in a public announcement. 
• For the late second half of FY 2024 (May 15 to Sept. 30): There are 5,000 visas limited to returning workers regardless of country of nationality. These late second half of FY 2024 petitions must request employment start dates from May 15, 2024, to Sept. 30, 2024. Employers must file these petitions no earlier than 45 days after the second half statutory cap is reached, a date that USCIS will identify in a public announcement. 

Additional information on the FY 2024 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.