H-2B visa: One day left before filing closes for temporary US jobs

Indians remain excluded as US opens H-2B visa filing from July 3-5 for temporary non-farm jobs starting October 1, 2025. Only select countries are eligible

US companies looking to bring in temporary foreign workers for non-agricultural roles will need to act quickly. The three-day filing window for the H-2B visa programme opened on July 3, giving employers until July 5 to submit applications for jobs starting October 1, 2025.

 

The H-2B visa allows US employers to hire foreign workers for seasonal or short-term jobs in industries such as hospitality, landscaping and construction. However, Indian nationals remain excluded from this visa category.

 

The US Department of Homeland Security’s current list of eligible countries includes Australia, Brazil, Canada and Andorra—but not India. This list is reviewed annually, yet India has not featured on it for several years.

 

 

A country may be excluded 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,” according to USCIS.

 

Filing window closes July 5

 

The US Office of Foreign Labor Certification (OFLC) has confirmed that employers can file the Application for Temporary Employment Certification (Form ETA-9142B) between July 3 and July 5, 2025, for roles starting October 1. Applications submitted after July 5 will be denied.

 

The October 1 start date marks the beginning of the first half of the US financial year 2026. During this time, 33,000 of the 66,000 annual H-2B visas are made available.

 

Applications submitted during the three-day window will be randomly ordered for processing, as per the Federal Register procedures published on March 4, 2019.

 

Key conditions for US employers

 

• Employers must prove there are not enough US workers who are able, willing and qualified to do the temporary work

• The need must be seasonal, peak load, intermittent or a one-time occurrence

• Only one application per job opportunity is allowed to avoid delays

• The job must be non-agricultural—agriculture jobs fall under the H-2A visa category

 

H-2B programme basics

 

The H-2B visa is temporary and non-immigrant. It allows workers to stay in the US for up to three years. 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.

 

Employers seeking start dates after October 1 must follow the regular filing process, which requires applications to be submitted no more than 90 and no fewer than 75 days before the intended date of need.