The U.S. Citizenship and Immigration Services (USCIS) has declared that it has received a sufficient volume of petitions to fulfill the congressionally mandated H-2B cap for the latter portion of Fiscal Year (FY) 2024.
Effective March 7, 2024, the final receipt date, new cap-subject H-2B worker petitions soliciting an employment commencement date between April 1, 2024, and October 1, 2024, will no longer be entertained. USCIS further indicated that petitions arriving after this deadline will be declined.
Nonetheless, USCIS is presenting supplemental H-2B visas for certain circumstances. The following outlines the pertinent details:
Eligible Parties for H-2B Petitions:
- Employers pursuing extensions for current H-2B workers within the U.S.
- Employers in designated sectors such as fish processing.
- Entities in Guam and the Northern Mariana Islands (until December 31, 2029).
Filing for Supplemental H-2B Visas:
The Department of Homeland Security (DHS) has instituted a program providing additional H-2B visas to businesses demonstrating “irreparable harm” without additional workers.
Filing Timeline for Supplemental Visas:
In response to heightened demand for H-2B visas, the Department of Homeland Security (DHS) and the Department of Labor (DOL) promulgated a temporary final rule on November 17, 2023. This rule augments the numerical threshold on H-2B nonimmigrant visas by up to 64,716 additional visas for FY 2024. These supplementary visas are accessible to U.S. businesses confronting irreparable harm without added H-2B workers.
Outlined below are the commencement dates for filing each remaining supplemental visa allocation pursuant to the temporary final rule:
- Employers from Eligible Nations: USCIS will commence accepting petitions from employers seeking workers from specific countries from April 1, 2024, to September 30, 2024, starting March 22, 2024.
- Returning Workers: USCIS will begin accepting petitions for returning workers for the early second half of FY 2024 (April 1 to May 14) on March 22, 2024, and for the late second half of FY 2024 (May 15 to September 30) on April 22, 2024.
USCIS will terminate acceptance of petitions under this temporary final rule after September 16, 2024, or upon reaching the relevant cap.
Alterations in Required Fee and Form:
Commencing April 1, 2024, USCIS will enforce adjustments to the fees necessary for most immigration applications and petitions. Moreover, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be obligatory, effective the same date. No grace period will be extended for filing the new version of the form, and petitions postmarked on or after April 1, 2024, must incorporate the new fees and be filed on the updated edition of Form I-129.
In conclusion, maintaining awareness of the latest developments in the H-2B visa program is imperative for employers navigating the FY 2024 regulations. Given alterations in filing dates, caps, and fees, proactive adherence is fundamental for operational fluidity.
