A bipartisan group of U.S. senators urged the Department of Homeland Security and Department of Labor to release the maximum allowable number of additional H-2B visas for fiscal year 2025.

Key Points:

  • The effort is led by Sen. Angus King (I-Maine) and Sen. Mike Rounds (R-S.D.), with 38 more senators from both parties signing the letter submitted to DHS and DOL.
  • The request is being made in an effort to support seasonal employers whose peak seasons are in late fall and winter but who have not obtained H-2B visas for temporary workers due to the cap already being met. The H-2B cap for the first half of FY 2025 was reached on Sept. 18, approximately three weeks earlier than in FY 2024.
  • Sens. King and Rounds successfully pushed DHS and DOL for the early release of H-2B visas in 2022.
  • DHS and DOL previously released the maximum allowable number of additional H-2B visas for FY 2024.

Additional Information: The H-2B visa program allows employers to hire temporary nonagricultural workers to meet seasonal employment needs. The congressionally mandated cap on H-2B visas currently stands at 66,000 per fiscal year, split into 33,000 for the first and second halves of each fiscal year.

BAL Analysis: Because DHS has released additional H-2B visas in the past, a release within the next month is anticipated. BAL is monitoring the situation and will post updates accordingly.

This alert has been provided by the BAL U.S. Practice Group.

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