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DHS/USCIS RIN: 1615-AC95 Publication ID: Spring 2025 
Title: ●Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2025 for the H-2B Temporary Nonagricultural Worker Program for H-2B Workers Seeking To Change Employers  
Abstract:

DHS, in consultation with DOL, is exercising time-limited Fiscal Year (FY) 2025 authority and increasing the total number of aliens who may receive an H-2B nonimmigrant visa by up to 64,716 for the entirety of FY 2025. These supplemental visas will be distributed in several allocations. 20,000 visas made available in this rule will be reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. All visas will be available only to businesses that are suffering or will suffer impending irreparable harm, as attested by the employer. In addition, DHS is again providing temporary portability flexibility by allowing H-2B workers who are already in the United States to begin work immediately after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS and before it is approved. This FY 2025 temporary final rule published on December 2, 2024.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 8 CFR 214.2(h)    8 CFR 274a.12    20 CFR part 655, subpart A    29 CFR part 503     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. secs. 112, 202(4)    8 U.S.C. secs. 1101(a)(15)(H)(ii)(b), 1103(a)(1), (a)(3), 1184(a)(1), (c)(1), (c)(14), 1324a, 1357(a)(1)    8 CFR secs. 214.2, 274a.12    20 CFR part 655, subpart A    29 CFR part 503    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Temporary Final Rule  12/02/2024  89 FR 95626   
Temporary Final Rule Effective  12/02/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Paul Buono
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000