New England Biz Law Update
In a move to address labor shortages, the Department of Homeland Security (DHS), in partnership with the Department of Labor (DOL), announced plans to release an additional 64,716 H-2B temporary nonagricultural worker visas for Fiscal Year 2025.
The supplemental visas, announced on November 15, 2024, will be in addition to the standard annual allocation of 66,000 H-2B visas mandated by Congress. The expansion aims to support American businesses struggling to fill seasonal and temporary positions in industries such as hospitality, tourism, landscaping, and seafood processing.
The new allocation includes two primary components:
- 20,000 visas specifically reserved for workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, and
- 44,716 visas designated for returning workers who have held H-2B status within the past three fiscal years.
“The Department of Homeland Security is committed to further growing our nation’s strong economy,” said Secretary of Homeland Security Alejandro N. Mayorkas in a statement. “By maximizing the use of the H-2B visa program, we are helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections.”
The announcement comes after the initial FY 2025 cap of 66,000 visas was reached on September 18, 2024, highlighting the high demand for temporary workers. The supplemental allocation mirrors the additional visas provided in FY 2024, reflecting a consistent approach to addressing labor market needs.
To protect both American and foreign workers, employers must first demonstrate that they have actively sought U.S. workers for available positions and that the employment of H-2B visa holders will not adversely affect domestic wages and working conditions.
The final rule implementing these changes is expected to be published soon, after which employers can begin applying for the supplemental visas. The allocation will be distributed between the first and second half of the fiscal year to address seasonal workforce demands.
