The maximum number of H-2B visas for returning workers has been reached for the first half of the fiscal year 2024

In accordance with the H-2B supplemental cap temporary final rule (FY 2024 TFR), the United States Citizenship and Immigration Services has received a sufficient number of petitions to reach the maximum number of 20,716 H-2B visas that will be made available for returning workers during the first half of the fiscal year 2024. These visas will be made available for workers who will begin their employment on or before March 31, 2024. The applications that requested supplemental H-2B visas under the first half returning worker allocation for the fiscal year 2024 were received until the final day of receipt, which was January 9, 2024.

We are still accepting petitions for H-2B nonimmigrant workers with start dates on or before March 31, 2024, for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation), as well as those who are exempt from the congressionally mandated cap, as well as those who are exempt from the congressionally mandated cap.

On November 17, 2023, the TFR for the fiscal year 2024 was released, followed by an instant effective date. In order to fulfill the 20,716 returning worker allocation for the first half of FY2024, the United States Citizenship and Immigration Services (USCIS) immediately started accepting H-2B petitions with start dates on or before March 31, 2024. Additionally, the USCIS began accepting the 20,000 allocation for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica who are exempt from the returning worker requirement.

Applicants whose workers were not selected for the 20,716 returning worker allocation are strongly encouraged to submit their petitions under the country-specific allocation while visas are still available. Petitioners with start dates on or before March 31, 2024 are eligible to submit application. There are 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. As of January 12, 2024, the United States Citizenship and Immigration Services (USCIS) has received petitions requesting 4,500 workers to be granted visas.

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