They enable nearly 65,000 additional H-2B visas by 2025: so you could work in the US.

The Department of Homeland Security (DHS), together with the United States Department of Labor (DOL), announced the availability of 64,716 additional H-2B visas for temporary non-agricultural workers by 2025.

The news was confirmed in a press release, dated November 27, 2024, which states that “these supplemental visas are intended to help American employers who cannot find available, willing and qualified American workers.” to perform temporary work in sectors such as hospitality and tourism, landscaping, seafood processing and many other sectors.”

The United States Citizenship and Immigration Services (USCIS) has an active program to receive foreigners into the country for 100% employment purposes. The H-2B visa applies to temporary non-agricultural workers who travel to the United States to be employed in areas that are not related to agriculture.

“The H-2B visa is for temporary or seasonal work, and is related to an event or pattern of events. For example, the employer may need workers intermittently to perform certain services or jobs for short periods of time. USCIS explained.

This strategy of the United States would seek to offer alternatives to entrepreneurs in this country, to have foreign talent and continue with the operations of the industry, without affecting the economic development of the North American giant.

This was confirmed by the Secretary of Homeland Security, Alejandro N. Mayorkas: “There are employers throughout the country who would face many inconveniences without H-2B workers. Authorizing these supplemental visas helps American employers fill those positions (…) This helps boost our economy and reduce irregular migration, while providing a safe and legal path to the United States for non-citizens who are willing to work.”

According to the announcement, the supplemental allocation of H-2B visas is made up of nearly 44,700 visas available for returning workers who received an H-2B visa or had H-2B status in 2022, 2023 or 2024, regardless of their country of nationality.

The remaining 20,000 visas are available only for immigrant citizens of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras, regardless of whether they are returning workers.

The departments in charge of the process in the United States have defined four stages of the process to designate the additional H-2B visas that were authorized.

• First half of fiscal year 2025 (October 1, 2024 to March 31, 2025): includes 20,716 visas immediately available, which are limited to returning workers. These petitions must have requested an employment start date on or before March 31.
• Early second half of fiscal year 2025 (April 1, 2025 to May 14, 2025): 19,000 visas are limited to returning workers, regardless of their country of nationality. These petitions must request employment start dates of April 1 through May 14.
• End of second half of fiscal year 2025 (May 15, 2025 to September 30, 2025): There are 5,000 visas limited to returning workers, regardless of their country of nationality. These petitions must request employment start dates of May 15 to September 30.
• All fiscal year 2025: contains 20,000 immediately available visas, reserved for citizens of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras, regardless of whether those nationals are returning workers. Employers requesting an employment start date may submit their requests immediately following the publication of this temporary final rule. Employers requesting an employment start date in the second half of fiscal year 2025 – April 1, 2025 to September 30, 2025 – must submit their requests no earlier than 15 days after the statutory maximum amount is reached of the second half of the fiscal year.

In the midst of the process, the departments emphasize that “it is vitally important to protect H-2B workers from exploitation and abuse. DHS will subject employers found to have committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental limit petition process. This additional scrutiny is intended to ensure compliance with the requirements and obligations of the H-2B program. Additionally, on September 20, 2023, DHS published a notice of proposed rulemaking to modernize and improve the H-2B and H-2A programs; including providing greater flexibility and protections for participating workers.”

It is worth mentioning that people who want to apply for this type of visa must meet the required requirements in their entirety and be transparent in the information provided. “The H-2B program allows employers to temporarily hire noncitizens to perform non-agricultural work or services in the United States. The employment must be for a limited period of time and the applicant must have a temporary need for services or work to be performed, that is, a one-time occurrence, a peak season, seasonal or intermittent need,” the USCIS statement emphasizes.