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ARTICLE · 22 JANUARY 2025

New Year, New H-2B Updates

The H-2B program allows employers with positions involving a "temporary need," defined as a need that is either seasonal, peakload, or a one-time occurrence...

United StatesImmigration

The H-2B program allows employers with positions involving a "temporary need," defined as a need that is either seasonal, peakload, or a one-time occurrence, to sponsor and employ foreign nationals for these roles in the United States. The program is subject to an annual "cap" or quota. The Department of Homeland Security (DHS) has divided the annual quota into two halves – the first half of the quota is for positions with a start date on or after Oct. 1 of a calendar year and the second half of the quota is for positions with a start date on or after April 1 of the following calendar year.

Due to demand for the program, the visas available for the April 1 or later start date have typically been oversubscribed, resulting in a modified "lottery" taking place in early January. In recent years, demand for the H-2B visas available for Oct. 1 or later start dates has also increased.

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