US hits 2025 H-2B visa cap for returning workers: Indians excluded

The US Citizenship and Immigration Services (USCIS) has stopped accepting petitions for the additional 19,000 H-2B visas issued to returning workers for the early part of the second half of the 2025 fiscal year.

 

“As of April 18, 2025, USCIS has received enough petitions to reach the additional 19,000 H-2B visas made available for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025, under the FY 2025 H-2B supplemental cap temporary final rule,” said USCIS in a notice released on April 24.

 

Any applications received after April 18 will be rejected.

 

20,000 H-2B visas still open to some countries

 

A separate pool of 20,000 visas remains available for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. These workers are not required to have held H-2B status previously.

 

The H-2B visa allows foreign workers to take up temporary non-agricultural roles in the United States. These include positions in sectors like hospitality, construction, and maintenance.

 

What is the H-2B visa?

 

— It allows US employers to hire foreign nationals for temporary non-agricultural jobs  

— Roles are often seasonal or peak load  

— The annual cap is 66,000 visas, split into two halves of the financial year  

— The maximum stay is three years  

— After three years, workers must spend three months outside the US before applying again  

 

In December 2024, a rule change introduced a 60-day grace period. H-2B visa holders who lose their jobs now have up to two months to find a new employer or make plans to leave without violating their immigration status.

 

Indians not eligible

 

Indian nationals continue to be excluded from the H-2B programme. The US Department of Homeland Security’s current list of eligible countries includes Australia, Brazil, Canada, and Andorra—but not India.

 

The reasons for exclusion vary. USCIS says a country may be left out if it has:

 

— High visa overstay or refusal rates  

— Patterns of fraud or misuse  

— Poor compliance with visa conditions  

— Concerns around human trafficking  

 

“These issues, if present, can harm the US interests,” said USCIS.

 

The list is reviewed every year. However, India has not appeared on it for several years in a row.