The U.S. Citizenship and Immigration Services (USCIS) recently announced that it received enough petitions to reach the H-2B supplemental visa cap. Interested parties could petition for a slot between April 1 to May 14, 2024. According to the USCIS, the announcement includes the additional 19,000 H-2B visas for workers returning for the first half of the Additional Returning Worker Allocations. 

The USCIS reminded employers to submit their visa requests for returning workers by April 17, 2024. These visas are for employers with positions set to start working from April 1 through May 14, 2024. USCIS will not accept petitions submitted for this time frame after April 17, 2024. This announcement also determined when employers may begin petitions for the late second half of FY 2024. In it, the USCIS informed interested parties that they began accepting these petitions on April 22, 2024. 

The Department of Homeland Security (DHS) published these timeframes in the H-2B supplemental cap temporary final rule (FY 2024 TFR) after consultation with the Department of Labor (DOL). The temporary final rule increased the “total number of noncitizens who may receive an H–2B nonimmigrant visa by up to 64,716 for the entirety of FY 2024.” As such, the USCIS will distribute these H-2B visas in multiple periods throughout FY 2024.

The USCIS stated it will continue accepting petitions for the 20,000 reserved H-2B visas. According to the temporary final rule, these will go to El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica nationals. However, the reserves apply to those exempt from the returning workers requirement. The agency will also continue accepting applications for workers exempt from the Congressional cap.

Beginning on April 22, 2024, the USCIS began accepting petitions for FY 2024’s Additional Returning Worker Allocations. These petitions are for workers starting anytime between May 15, 2024, to September 30, 2024.  As with the earlier half, the returning workers ‘ requirements will continue to apply. As such, workers must have received or held H-2B status from 2021 through 2023.

As with all employers, those intending to hire H-2B workers must complete the employment eligibility verification (Form I-9) process. However, due to complex documentation and requirements, the process can prove challenging. The best way to help ensure compliance is with an electronic Form I-9 management system with E-Verify integration. This system can help ensure uniform compliance, secure digital storage, and notifications of when to take further action.

Streamline your hiring process with an automated employment eligibility verification and ensure compliance today with I-9Compliance.

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