US H-2B visa cap hits limit for FY25 early second half: No relief for Indian applicants?

The US Citizenship and Immigration Services (USCIS) has closed the window for filing petitions under the additional 19,000 H-2B visas meant for returning workers for the early part of the second half of FY 2025. The cap was reached by April 18, and any applications received after that date will be rejected, USCIS announced in a notice issued on April 24.

The additional visas were issued under the FY 2025 H-2B supplemental cap temporary final rule, allowing returning workers with start dates from April 1 to May 14 to take up temporary non-agricultural jobs in the United States. These roles span sectors such as hospitality, construction, and maintenance.

While the 19,000 cap for returning workers has now been exhausted, a separate quota of 20,000 H-2B visas remains available for nationals from El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. Unlike returning workers, applicants from these countries do not need prior H-2B visa history.

The H-2B visa allows US employers to hire foreign nationals for short-term, non-agricultural positions, typically seasonal or peak load jobs. The programme has an annual cap of 66,000 visas, divided equally across two halves of the fiscal year. The maximum stay on an H-2B visa is three years, after which a worker must remain outside the US for at least three months before reapplying.

In December 2024, a key update was introduced, giving H-2B workers a 60-day grace period to find new employment or depart the US in case of job loss, helping them maintain legal status without immediate deportation risks.

Indian nationals, however, remain ineligible for the H-2B programme. India is not on the US Department of Homeland Security’s current list of eligible countries, which includes Australia, Brazil, Canada, and several others.

USCIS says countries may be excluded based on concerns such as:

• High visa overstay or refusal rates

• Fraud or misuse of the programme

• Non-compliance with visa conditions

• Human trafficking risks