At Garvish Immigration Law Group, we strive to keep our clients informed about the latest developments in immigration policies and procedures. Recently, the U.S. Citizenship and Immigration Services (USCIS) reached the cap for additional H-2B visas made available for returning workers for the first half of fiscal year 2024. Here’s a breakdown of the key points you need to know:

Cap Reached for Returning Workers

The additional 20,716 H-2B visas allocated for returning workers with start dates on or before March 31, 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR) have been exhausted. The final receipt date for petitions requesting supplemental H-2B visas under this allocation was January 9, 2024.

Petitions Still Accepted

While the cap for returning workers has been reached, we are still accepting petitions for H-2B nonimmigrant workers with start dates on or before March 31, 2024. This includes the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica under the country-specific allocation.

Immediate Effective Date

The FY 2024 TFR, which initiated these changes, was published on November 17, 2023, with an immediate effective date. USCIS promptly began accepting H-2B petitions for both returning workers and nationals of specific countries who are exempt from the returning worker requirement.

Country-Specific Allocation

Petitioners whose workers were not accepted for the returning worker allocation are encouraged to file under the country-specific allocation while visas remain available. As of January 12, 2024, USCIS has received petitions requesting 4,500 workers under the 20,000 visas set aside for nationals of the specified countries.

Stay Informed

For additional information and updates on the FY 2024 supplemental visas, we encourage you to visit the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page on the USCIS website.

How We Can Help

Navigating the H-2B visa process can be complex, especially with evolving regulations and caps. At Garvish Immigration Law Group, our experienced team is here to assist you every step of the way. Whether you’re seeking guidance on petition filings or understanding eligibility criteria, we’re dedicated to helping you achieve your immigration goals.

For personalized assistance or to discuss your specific situation, please don’t hesitate to reach out to our team. Your success is our priority, and we’re committed to providing the support you need during this process.

Schedule A Consultation

About the Author

Elizabeth Garvish
Founder at Garvish Immigration Law Group | (800) 951-4980 | | Profile | + posts

Elizabeth L.A. Garvish founded Garvish Immigration Law Group, LLC in 2011 after practicing immigration law in small boutique firms, big law and nonprofits. Elizabeth is a frequent speaker and presenter on entrepreneurship and U.S. immigration topics around the world. She is an active member of the American Immigration Lawyers Association (AILA) and serves on various national committees and is the Past Chair of the Georgia-Alabama Chapter of AILA. Elizabeth is also a certified member of the EO Global Speakers Academy.