U.S. Citizenship and Immigration Services (USCIS) announced on April 23, 2025, that it has received a sufficient number of petitions to reach the congressionally mandated cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2025. This cap applies specifically to H-2B petitions requesting an employment start date falling between April 1, 2025, and May 14, 2025.

The Specifics of the April 23, 2025 Announcement:

The recent announcement pertains to the additional 19,000 H-2B visas that were made available for the early portion of the second half of FY 2025. This means that USCIS has received enough petitions to exhaust this allocation for employment start dates between April 1, 2025, and May 14, 2025.

Key Implications of Reaching the Cap:

• No Further Petitions for Early Second Half: USCIS will not accept any new H-2B petitions requesting an employment start date between April 1, 2025, and May 14, 2025, that were received after the date the cap was reached.
• Petitions Already Received: USCIS will continue to process petitions received before the cap was reached. However, the fact that a petition was received before the cap was reached does not guarantee its approval. All petitions will be adjudicated on a case-by-case basis, and must meet all applicable eligibility requirements.
• Potential for Later Second Half Visas: This announcement only concerns the early portion of the second half of FY 2025. It is possible that additional H-2B visas may be made available for employment start dates later in the second half of the fiscal year (i.e., after May 14, 2025). Any such announcement would be made separately by DHS and USCIS.
• Importance of Consulting Official Sources: Employers seeking H-2B workers should closely monitor the USCIS website for any further announcements regarding the availability of H-2B visas for the later part of the second half of FY 2025.

What Employers Should Do:

Employers who require H-2B workers with start dates after May 14, 2025, should continue to monitor the USCIS website for updates. If additional visas are made available for the later portion of the second half of FY 2025, USCIS will provide information on how to file petitions. Employers should also ensure they are prepared to file their petitions promptly, as demand for H-2B visas is typically high, and any additional allocation is likely to be quickly exhausted.

This announcement serves as a reminder of the competitive nature of the H-2B visa program and the importance of timely filing and careful planning for employers who rely on these temporary workers.