In the United States, the Department of Homeland Security (DHS) announced on Thursday, November 16, 2023 that “more H-2B visas are available for additional temporary non-farm workers, which will help businesses in that country.”

DHS, through the United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL), has published “an interim final rule making available 64,716 H-2B visas for additional temporary non-farm workers for fiscal year 2024, in addition, to the statutory maximum number established by Congress of 60,000 H-2B visas available each fiscal year,” USCIS said on its website.

Importance of Additional Visa Allocation

The additional allocation of visas will help meet the need for these workers in areas where very few U.S. workers are available, thus contributing to the U.S. economy.

Temporary work programs, La Opinión notes, are important for U.S. businesses such as agriculture, construction and hospitality, which experience seasonal fluctuations or peaks in their labor demand.

USCIS adds that the additional H-2B allocation includes an allocation of 20,000 visas to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras.

Eligible Countries

La Opinión indicates that according to the official DHS announcement in the Federal Register, “the changes to the list of countries whose citizens are eligible to apply for H-2A and H-2B visas during the period of November 9, 2023 until November 8, 2024 minimums are:

Incorporation of Bolivia from November 9, 2023. Bolivian citizens can apply for these temporary work visas.

Continuity for the vast majority of Latin American countries and the world for which permission had previously been granted. Citizens remain eligible.

La Opinion shows a table summarizing the countries and regions whose citizens are currently eligible for H-2A and H-2B visas, following the announcement of changes for 2023-2024:

Country H-2A H-2B

Germany Yes Yes

Andorra Yes Yes

Argentina Yes Yes

Australia Yes Yes

Austria Yes Yes

Barbados Yes Yes

Belgium Yes Yes

Bolivia Yes Yes

Brazil Yes Yes

Canada Yes Yes

Chile Yes Yes

Colombia Yes Yes

South Korea Yes Yes

Costa Rica Yes Yes

Denmark Yes Yes

Ecuador Yes Yes

El Salvador Yes Yes

Slovakia Yes Yes

Slovenia Yes Yes

These are the companies in the United States that offer the most temporary jobs with H-2B visas

Spain Yes Yes

Estonia Yes Yes

Philippines No Yes

Finland Yes Yes

France Yes Yes

Greece Yes Yes

Grenada Yes Yes

Guatemala Yes Yes

Haiti Yes Yes

Honduras Yes Yes

Hungary Yes Yes

Ireland Yes Yes

Iceland Yes Yes

Italy Yes Yes

Mexico Yes Yes

Panama Yes Yes

Portugal Yes Yes

Enter this link to get to know other countries

Allocation of Additional H-2B Visas

The H-2B supplemental visas are divided into the following assignments, USCIS states:

First half of fiscal year 2024 (October 1 to March 31): There are 20,716 visas immediately available for returning workers – those who were granted an H-2B visa or were in H-2B status during fiscal year 2021, fiscal year 2022 or fiscal year 2023, regardless of their country of nationality.

These petitions must request an employment start date on or before March 31, 2024.

The United States to Double the Quota of H-2B Visas for Non-Agricultural Workers: Who’s Eligible and How to Apply for One

Beginning of second half of fiscal year 2024 (April 1 to May 14): There are 19,000 limited visas for returning workers – those who were granted an H-2B visa or were in H-2B status in fiscal year 2021, fiscal year 2022 or fiscal year 2023, regardless of their country of nationality.

These petitions for the beginning of the second half of fiscal year 2024 must request employment start dates of April 1, 2024 through May 14, 2024.

End of second half of fiscal year 2024 (May 15 to September 30)There are 5,000 limited visas for returning workers – who were granted an H-2B visa or were in H-2B status during fiscal year 2021, fiscal year 2022 or fiscal year 2023, regardless of their country of nationality. These petitions for the end of the second half of the 2024 fiscal year must have employment start dates between May 15, 2024 and September 30, 2024.

The full financial year 2024: There are 20,000 visas reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras and Haiti, regardless of whether these nationals are returning workers. Employers requesting a start date in the first half of fiscal year 2024 may submit this request immediately following the publication of this temporary final rule.

To remember

The maximum length of stay in the H-2B classification is three years. An individual who has held H-2B nonimmigrant status for a total of three years must depart and remain outside the United States for a continuous period of three months before applying for readmission as an H-2B nonimmigrant.

Can be read at USCIS, here

(JO)