Planning Ahead: What the FY 2025 H-2B Cap Means for Employers—and Why Next Season Requires a New Strategy

On March 26, 2025, USCIS announced that it had received enough petitions to meet the H-2B cap for the second half of fiscal year 2025. This means that any new cap-subject petitions for employment starting between April 1 and September 30, 2025, will be rejected if filed after March 5, 2025. While this isn’t new for seasoned H-2B employers, the implications for next season are more complex than ever, especially with uncertainty looming over the future of supplemental visa allocations and the new Trump Administration.

What Just Happened?

The H-2B visa program, which allows U.S. employers to hire foreign workers for temporary non-agricultural jobs, is capped at 66,000 visas per fiscal year—split evenly between the first and second halves. For FY 2025, the second-half cap was reached by early March, and USCIS has now published filing dates for the supplemental visas made available under the temporary increase authorized by the Department of Homeland Security.

Why the Supplemental Visas Matter

In recent years, Congress and DHS have authorized supplemental H-2B visas to help meet seasonal labor demands. For FY 2025, an additional 64,716 visas were made available, including 19,000 for returning workers with start dates from April 1 to May 14. These supplemental visas have become a critical lifeline for industries like landscaping, hospitality, seafood processing, and construction.

However, these increases are not guaranteed. They are discretionary and subject to annual review. There is growing concern that future fiscal years may not see the same level of supplemental allocations—or any at all.

What Employers Should Be Thinking About Now

With the regular cap consistently maxed out and the future of supplemental visas uncertain, employers must begin planning earlier and more strategically than ever. Here are a few key considerations:

• Start Early: Employers should begin preparing their H-2B petitions months in advance of the filing window. This includes securing a valid prevaling wage determination (PWD) and gathering all necessary seasonality documentation.
• Consider Returning Workers: If supplemental visas are available, returning workers often receive priority. Keeping track of past H-2B employees and maintaining good records can be a major advantage in future seasons.
• Consider Cap Exempt Workers: If supplemental visas are not available, cap exempt workers can be an viable option for contuining operations seemlessly in your next season.
• Diversify Workforce Planning: Employers may want to explore alternative visa options or workforce strategies in case the supplemental visas are reduced or eliminated all together. 
• Stay Informed: Policy changes can happen quickly. Employers should monitor USCIS updates and consult with immigration counsel to stay ahead of regulatory shifts.
  

Looking Ahead

The H-2B program remains a vital tool for many U.S. businesses, but it’s also a moving target. With the cap reached for the second half of FY 2025 and uncertainty surrounding future supplemental visas, now is the time to reassess your seasonal hiring strategy for upcoming seasons.

If your business relies on H-2B workers, proactive planning and expert guidance are more important than ever. While this post is meant to inform, we’re here to help if you need support navigating the complexities of the H-2B process. 

Reach out to us today to schedule an H-2B strategy session.

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