The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B have the best chance of getting workers under the initial cap. Any group assignments later than Group B will fall under the supplemental H-2B cap provisions. The good news is that U.S. Citizenship and Immigration Services has already pre-authorized the release of these additional visas, like last year.

Although each case is unique, and there is never certainty predicting the future, based on experience from the supplemental distribution last year, some Group B, C, and D applications could receive supplemental returning worker visas. Groups through G may be able to receive country-specific visas. However, processing times at the U.S. Department of Labor may vary, the visa distribution has changed some from last year (5,000 visas reallocated from 5/15 date), and there are additional countries eligible for the country-specific allocation. Also note that workers currently in the U.S. in H-2B status transferring from another employer are exempt from the visa cap.

The April 1 or later supplemental H-2B visas have been divided into the following allocations:

• For start dates of April 1 to May 14: There are 19,000 visas limited to returning workers regardless of country of nationality. (Returning workers received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years).
• For start dates of May 15 to Sept. 30: There are 5,000 visas limited to returning workers regardless of country of nationality.
• There are 20,000 visas available for all of FY2024 for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, or Costa Rica, regardless of whether they are returning workers. These can be filed 15 days after the initial H-2B cap is reached.

Employers assigned to Group A, will soon receive a Notice of Acceptance (NOA) or Notice of Deficiency (NOD). Once the NOA is issued, there will be U.S. worker recruitment obligations. If an NOD is issued, additional documentation may be needed.

Those employers who want to file petitions under the supplemental visa release, must be prepared to demonstrate they are suffering irreparable harm, or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on the petition. There also may be additional recruitment required, such as placing an updated job order with the State Workforce Agency, soliciting the return of former workers, contacting a bargaining representative or posting notice of the job opportunity, notifying current workers, seeking assistance from the local career center, making a website posting, and notifying the local union if the position is customarily unionized.