H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024

Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal Register setting out the procedures involved.

H-2B visas for temporary, seasonal nonagricultural workers are used primarily for jobs in tourism and hospitality, landscaping and construction, and food processing. Once the annually available 66,000 visas run out, employers are forced to continue operations without sufficient number of workers. The initial allocation of H-2B visas for FY 2024 ran out on October 11, 2023, just days after USCIS began accepting applications.

The supplemental visas are available to employers who can provide evidence they are suffering or will suffer irreparable harm if they are unable to supplement their permanent staff with temporary H-2B workers. The additional visas are going to be distributed in several allocations throughout the year.   

The plan is to have four allocations:

When adjudicating cases for the additional visas, the Departments of Homeland Security and Labor have indicated they will also consider the impact on U.S. workers and make every effort to protect the H-2B workers from exploitation through rulemaking.

Individuals from 89 countries are eligible to apply for H-2B visas. This year, Bolivia was added to the list.

Jackson Lewis P.C. © 2024
National Law Review, Volumess XIII, Number 331