The U.S. Citizenship and Immigration Services (USCIS) received enough petitions to reach the cap. This cap includes the additional 22,716 visas for workers returning for the first half of fiscal year 2024 with start dates on or before March 31, 2024. 

The H-2 supplemental cap temporary final rule (FY 2024 TFR) introduced these additional visas. The rule took effect on November 17, 2023. This rule increased the number of non-citizens able to obtain an H-2B non-immigrant visa in fiscal year 2024. As such, the availability went from 66,000 to 130,000, effective immediately.

The USCIS required parties interested in petitioning for H-2B workers to file their petitions by January 9, 2024. This deadline was the final receipt date for these petitions under the FY 2024 first-half returning worker allocation. The USCIS is still accepting petitions for H-2 or H-2B non-immigrant workers with start dates on or before March 31, 2024, for the additional 20,000 visas. The agency allotted these visas for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation). The cap also includes individuals not subject to the congressionally mandated cap.

Early into the second half of fiscal year 2024 will have 19,000 visas available for returning workers. This timeframe will run from April 1 to May 14. As such, the petitions filed for this period must have employment start dates between April 1, 2024, and May 14, 2024. These requirements ensure that petitions qualify for the 64,716 supplemental visas available under the joint temporary final rule published by USCIS and the DOL.

There will also be 5,000 visas available for returning workers for the late second half of FY 2024, from May 15 to September 30. The petitions filed for this period must have employment start dates between May 15, 2024, and September 30, 2024. Additionally, the USCIS will allocate 20,000 visas for Guatemala, Costa Rica, Haiti, El Salvador, Honduras, Ecuador, and Columbia nationals.

Employers intending to hire workers under the H-2B and similar visa programs must remember that additional documentation may prove necessary. Other standard processes include the employment eligibility verification (Form I-9) process, which employers must complete for all employees. One way to ensure they complete Form I-9s for all new hires is by using an electronic I-9 management tool. This tool guides users through necessary documentation and the verification steps.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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