H-2B Early Woes: Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2025
The United States Citizenship and Immigration Services (USCIS) announced on Friday, January 10, 2025 that all slots for returning H-2B workers for the first half of the 2025 H-2B cap have been fulfilled. These petitions were for workers with a start date of March 31, 2025 or earlier. As stated on USCIS' web site:
The continued guessing game of whether or not employers in the amusement industry will receive their H-2B workers is why the Carnivals Are Real Entertainment Act (CARE Act) is so important for the mobile amusement industry. Without workers, many carnivals will face hardship and possibly be forced out of business, leaving many fairs and non-profit groups who rely on the revenue from carnivals in a fundraising bind. Learn more about the CARE act and what you can do to help on the OABA's web site.
U.S. Citizenship and Immigration Services 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 2025 with start dates on or before March 31, 2025, under the H-2B supplemental cap temporary final rule (FY 2025 TFR). Jan. 7, 2025 was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 first half returning worker allocation.
It has been reported that all petitions received after January 7 will be returned.
Employers who filed for the second half of the cap with start dates on April 1 or after were entered into a lottery, similar to what has been done in previous years. Employers were assigned to groups lettered A-G, with group A and a portion of B beating the cap, and groups C-D are most likely to benefit from a supplemental visa release of returning workers.
In an email from The Seasonal Employment Alliance, they stated:
Employers who filed for the second half of the cap with start dates on April 1 or after were entered into a lottery, similar to what has been done in previous years. Employers were assigned to groups lettered A-G, with group A and a portion of B beating the cap, and groups C-D are most likely to benefit from a supplemental visa release of returning workers.
In an email from The Seasonal Employment Alliance, they stated:
DHS plans to release an additional 19,000 Returning Worker visas no sooner than 15 days after the second half cap is met (likely around mid-March). We project all capped employers assigned to Groups B-D will receive their Returning Workers under the supplemental cap. This is, of course, under the condition the employer receives a Notice of Acceptance. It is likely that a portion of Group E assignees will also receive workers under the April 1st supplemental cap although we do not think as many will get through as last year (about 50% of Group E petitions got through last year).
DHS also plans to release an additional 5,000 RW visas for employers with a start date of May 15th-September 30th. Note that your requested start date on your labor certification must fall within this time period to be eligible. This cap was not met in 2024 but we expect it to be met this year.
DHS has also released 20,000 additional visas for new or returning workers from the Northern Central American (NCA) countries of Costa Rica, Colombia, Ecuador, El Salvador, Guatemala, Haiti and Honduras. Last year, over 25,000 visas were issued towards this allocation so this year, we expect the NCA cap to be met.
DHS also plans to release an additional 5,000 RW visas for employers with a start date of May 15th-September 30th. Note that your requested start date on your labor certification must fall within this time period to be eligible. This cap was not met in 2024 but we expect it to be met this year.
DHS has also released 20,000 additional visas for new or returning workers from the Northern Central American (NCA) countries of Costa Rica, Colombia, Ecuador, El Salvador, Guatemala, Haiti and Honduras. Last year, over 25,000 visas were issued towards this allocation so this year, we expect the NCA cap to be met.
The continued guessing game of whether or not employers in the amusement industry will receive their H-2B workers is why the Carnivals Are Real Entertainment Act (CARE Act) is so important for the mobile amusement industry. Without workers, many carnivals will face hardship and possibly be forced out of business, leaving many fairs and non-profit groups who rely on the revenue from carnivals in a fundraising bind. Learn more about the CARE act and what you can do to help on the OABA's web site.
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