U.S. Announces 20,000 Additional H-2B Visas — Who Qualifies and How to Use Them

The federal government has released 20,000 supplemental H-2B visas to ease peak-season labor shortages in non-agricultural industries such as hospitality, landscaping, seafood processing, and construction. Of these, 13,500 are reserved for returning workers (any nationality) who held H-2B status in one of the last three fiscal years; 6,500 are set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras, exempt from the returning-worker rule.

Under the temporary final rule, employers must show they face “irreparable harm” without these workers and that positions have start dates on or before March 31 of the covered fiscal half. This is a time-limited allocation and does not change the regular, congressionally mandated annual cap of 66,000.

Employer roadmap (fast):

1. Recruit & certify: Obtain a valid DOL temporary labor certification proving no sufficient U.S. workers and no adverse effect on U.S. wages/conditions.
2. Attest harm: File the required irreparable-harm attestation with USCIS as part of the supplemental petition package.
3. Petition filing: Submit Form I-129 with H-2B supplement evidence; identify workers (or use unnamed beneficiaries consistent with program rules).
4. Worker consular processing/CBP: Approved beneficiaries apply for visas at consulates or, if visa-exempt, seek admission at a port of entry.

Compliance essentials:

• Returning-worker definition follows the “last three fiscal years” test; keep prior approval/EAD/visa evidence to document status.
• Country-specific set-asides (the 6,500) are exempt from the returning-worker rule—use carefully to avoid RFEs.
• Standard H-2B rules still apply: prevailing wage, hours, housing/transport (if required), and no shifting workers across uncertified worksites.

Strategy tips:

• File decision-ready packets—DOL certification, contracts, seasonality proofs, and payroll data supporting the harm attestation.
• Coordinate staggered start dates and consular appointments early; monitor USCIS cap count and any supplemental updates.

Bottom line: This targeted 20,000-visa release provides short-term relief for peak-season employers while prioritizing returning workers and regional partners in the Northern Triangle and Haiti. Move quickly and document “irreparable harm” to secure numbers before they’re gone.