USCIS Reaches Fiscal Year 2025 H-1B Cap
Release Date
12/02/2024
USCIS has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025.

We will send non-selection notices to registrants through their online accounts over the next few days. When we finish sending these non-selection notifications, the status for properly submitted registrations that we did not select for the FY 2025 H-1B numerical allocations will show:

Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

We will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. We will continue to accept and process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States;

Change the terms of employment for current H-1B workers;

Allow current H-1B workers to change employers; and

Allow current H-1B workers to work concurrently in additional H-1B positions.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B petitioners to subscribe to receive H-1B cap season email updates by visiting the H-1B Cap Season page.

It is critically important to protect H-2B workers from exploitation and abuse. The temporary final rule features several provisions to protect H-2B workers. DHS will subject employers that have committed certain labor law violations in the H-2B program to additional scrutiny in the supplemental cap petition process. This additional scrutiny is aimed at ensuring compliance with H-2B program requirements and obligations. Further, on Sept. 20, 2023, DHS published a notice of proposed rulemaking to modernize and improve both the H-2B and H-2A programs, including by providing greater flexibility and protections for participating workers.

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. The employment must be for a limited period of time, and the petitioner must have a temporary need for services or labor to be performed, that is, a one-time occurrence, peak load need, seasonal need, or intermittent need.

For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.

DHS, DOL Make Nearly 65,000 Additional H-2B Visas Available for Fiscal Year 2025
Release Date
11/27/2024
WASHINGTON – The Department of Homeland Security (DHS) and the Department of Labor (DOL) issued a temporary final rule (TFR) making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2025. These supplemental visas are aimed at helping U.S. employers who are unable to find U.S. workers who are available, willing, and qualified to do the temporary work in industries such as hospitality and tourism, landscaping, seafood processing, and many other sectors. DHS, in coordination with DOL, has authorized supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for each of those fiscal years by Congress.

“There are employers across the country that would suffer greatly without H-2B workers. Authorizing these supplemental visas helps U.S. employers fill those positions,” said Secretary of Homeland Security Alejandro N. Mayorkas. “It helps fuel our economy and reduce irregular migration while also providing a safe and lawful pathway to the United States for noncitizens who are prepared to work.”

The supplemental H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or held H-2B status in FY 2022, FY 2023, or FY 2024, regardless of their country of nationality. The remaining 20,000 visas are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether they are returning workers.

The supplemental H-2B visas have been divided into the following four allocations:

First half of FY 2025 (Oct. 1, 2024, to March 31, 2025): 20,716 immediately available visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These petitions must request employment start dates on or before March 31, 2025.
Early second half of FY 2025 (April 1, 2025, to May 14, 2025): 19,000 visas are limited to returning workers – those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These early second half of FY 2025 petitions must request employment start dates from April 1, 2025, to May 14, 2025.
Late second half of FY 2025 (May 15, 2025, to Sept. 30, 2025): 5,000 visas are limited to returning workers - those who were issued H-2B visas or held H-2B status in fiscal years 2022, 2023, or 2024, regardless of country of nationality. These late second half of FY 2025 petitions must request employment start dates from May 15, 2025, to Sept. 30, 2025.
Entirety of FY 2025: 20,000 visas immediately available are reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, regardless of whether those nationals are returning workers. Employers requesting an employment start date in the first half of FY 2025 may file their petitions immediately after the publication of this TFR. Employers requesting an employment start date in the second half of FY 2025 must file their petitions no earlier than 15 days after the second half statutory cap is reached.
Employers seeking to hire H-2B workers under the FY 2025 supplemental cap must attest that they are suffering or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on the petition. Employers seeking to hire H-2B workers must take a series of steps to test the U.S. labor market. They must provide certification from DOL that proves there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved before the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from Nov. 8, 2024, until Nov. 7, 2025.

For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.

DHS Announces Countries Eligible for H-2A and H-2B Visa Programs
Release Date
11/18/2024
The Department of Homeland Security (DHS), in consultation with the Department of State (State), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the next 12 months. The notice listing the eligible countries was published in the Federal Register on Nov. 8, 2024.

Effective Nov. 8, 2024, the Secretary of Homeland Security, with the concurrence of the Secretary of State, has decided to:

Add Belize to the list of countries eligible to participate in the H-2A and H-2B programs.
Not remove any country previously designated to be eligible to participate in the H-2A and H-2B programs.
DHS, in consultation with State, maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, if a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the Secretary of Homeland Security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Effective Nov. 8, 2024, nationals of the following countries are eligible to receive H-2A and H-2B visas:

Andorra Estonia Madagascar Saint Lucia
Argentina The Kingdom of Eswatini Malta San Marino
Australia Fiji Mauritius Serbia
Austria Finland Mexico Singapore
Barbados France Monaco Slovakia
Belgium Germany Mongolia Slovenia
Belize Greece Montenegro Solomon Islands
Bolivia Grenada Mozambique South Africa
Bosnia and Herzegovina Guatemala Nauru South Korea
Brazil Haiti The Netherlands Spain
Brunei Honduras New Zealand St. Vincent and the Grenadines
Bulgaria Hungary Nicaragua Sweden
Canada Iceland North Macedonia Switzerland
Chile Ireland Norway Taiwan
Colombia Israel Panama Thailand
Costa Rica Italy Papua New Guinea Timor-Leste
Croatia Jamaica Paraguay Turkey
Republic of Cyprus Japan Peru Tuvalu
Czech Republic Kiribati The Philippines Ukraine
Denmark Latvia Poland United Kingdom
Dominican Republic Liechtenstein Portugal Uruguay
Ecuador Lithuania Romania Vanuatu
El Salvador Luxembourg
Mongolia and the Philippines are eligible to participate in the H-2B program but are not eligible to participate in the H-2A program.

**Paraguay is eligible to participate in the H-2A program but is not eligible to participate in the H-2B program.

***Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

Correction of Diversity Visa 2026 Federal Register Notice
Last Updated: October 28, 2024
The public notice contained an error on the start and end dates for the DV-2026 entry period.
Public Notice 12558, published on October 1, 2024, 89 FR 79997, incorrectly listed the entry period for the DV-2026 program year as beginning on October 4, 2023 and ending on November 7, 2023. These dates are incorrect. The entry period for the DV-2026 Program began on October 2, 2024, and will end on November 7, 2024.

In addition, Frequently Asked Questions #9 and #19 have been updated to reflect the correct dates.

The information listed on Travel.state.gov and in the DV-2026 instructions have also been corrected; please see the attached link. Diversity Visa Instructions (state.gov)

The corrected language is below.

Entry Period

Applicants must submit entries for the DV–2026 program electronically at dvprogram.state.gov between 12:00 p.m. (noon), Eastern Daylight Time (EDT) (GMT–4), Wednesday, October 2, 2024, and 12:00 p.m. (noon), Eastern Standard Time (EST) (GMT–5), Thursday, November 7, 2024. Do not wait until the last week of the registration period to enter as heavy demand may result in website delays. No late entries or paper entries will be accepted. The law allows only one entry per person during each entry period. The Department of State uses sophisticated technology to detect multiple entries. Submission of more than one entry for a person will disqualify all entries for that person.

1. When can I submit my entry?

The DV–2026 entry period will run from 12:00 p.m. (noon), Eastern Daylight Time (EDT) (GMT–4), Wednesday, October 2, 2024, until 12:00 p.m. (noon), Eastern Standard Time (EST) (GMT–5), Thursday, November 7, 2024. Each year, millions of people submit entries. Restricting the entry period to these dates ensures selectees receive notification in a timely manner and gives both the visa applicants and our embassies and consulates time to prepare and complete cases for visa issuance.

We strongly encourage you to enter early during the registration period. Excessive demand at end of the registration period may slow the processing system. We cannot accept entries after noon EST on Thursday, November 7, 2024.

1. If the E-DV system rejects my entry, can I resubmit my entry?

Yes, you can resubmit your entry as long as your submission is completed by 12:00 p.m. (noon) Eastern Standard Time (EST) (GMT-5) on Thursday, November 7, 2024. You will not be penalized for submitting a duplicate entry if the E-DV system rejects your initial entry. Given the unpredictable nature of the internet, you may not receive the rejection notice immediately. You can try to submit an application as many times as is necessary until a complete application is received and the confirmation notice sent. Once you receive a confirmation notice, your entry is complete, and you should NOT submit any additional entries.

Update on Diversity Visa (DV) Program 2024
Last Updated: October 1, 2024
As of September 30, 2024, the DV Program for the 2024 fiscal year has ended.

The 2024 Diversity Visa (DV) Program has ended. By law, selectees are only eligible to receive a visa during the fiscal year for which they were selected, which for FY 2024, ran from October 1, 2023 through September 30, 2024. The DV Program allows people from countries with low U.S. immigration rates, who meet eligibility requirements, to enter for a chance to apply for a U.S. immigrant visa. We recognize the important contributions these individuals bring to our communities.

We know that the conclusion of the 2024 program may be disappointing to selectees who were unable to receive a visa. The 2026 Diversity Visa program entry period will open in early October 2024, and we encourage all who are eligible to apply. Please click this link for the instructions.

As provided in the DV-2024 program instructions, selection does not guarantee that an applicant will receive a visa interview or a visa. Selection means the person may be eligible to participate in the DV program and may potentially apply for a visa, but it is not a guarantee. Due to the probability that some of the first 55,000 persons selected will not qualify for visas or ultimately choose not to participate in the program, more individuals are selected to participate in the program each year than the number of visas which are available. This is done to ensure we are able to issue the maximum number of visas available under the DV program in any given year. The Department of State is committed to facilitating travel for DV recipients and welcomes DV-2026 applications.

Annual Limit Reached in the EB-2 Category
Last Updated: September 9, 2024
The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all available visas in the Employment-Based Second Preference (EB-2) category for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees. These individuals bring contributions across many industries that greatly benefit the U.S. economy.

The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year. Specifically, INA 203(b)(2) provides that the annual limit for EB-2 visas is 28.6 percent of the worldwide employment limit.

Since all available EB-2 visas for FY 2024 have been used, embassies and consulates may not issue visas in this category for the remainder of the fiscal year. The annual limit will reset with the start of the new fiscal year (FY 2025) on October 1, 2024. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants.

Announcement of the Creation of a Lightering Visa Classification
Last Updated: September 5, 2024

Starting on September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days. Lightering is the ship-to-ship transfer of liquid cargo. The new visa classification permitting transit to join a lightering vessel is the C-4 visa. The new visa classification permitting crewmembers to perform lightering activities is the D-3 visa. Additionally, applicants may be eligible for a combination C-4/D-3 visa. Unlike C-1 and C-1/D visa holders whose stay in the United States cannot exceed 29 days, C-4, D-3, and C-4/D-3 visa holders are allowed to stay in the United States for a period not to exceed 180 days.