How does re-invitation work?

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Publication date: 20.08.2025

Recently, our team was asked a question: “f I hire H-2B workers and then want to renew their contracts or bring the same people back for the next season, is it possible? How does re-invitation work, and will workers have trouble getting visas again?”

We wanna share the answer from our specialists:

13.08.2025 04:56:09 Yes, it is possible to renew contracts or bring the same H-2B workers back for the next season, but there are specific procedures and considerations involved. Here’s how it generally works: 1. **Cap on Visas**: The H-2B visa program has a cap of 66,000 visas per fiscal year, with 33,000 allocated for workers starting employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for those starting in the second half (April 1 - September 30). If you want to rehire workers for a new season, you need to ensure that your application falls within these caps unless exemptions apply. 2. **Filing a New Petition**: Each season requires a new labor certification and petition. You must file a new Form I-129 with USCIS and obtain a temporary labor certification from the Department of Labor (DOL) demonstrating that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. 3. **Returning Workers Exemption**: In some years, returning H-2B workers have been exempted from the annual cap if they were counted against it in one of the previous three fiscal years. However, this exemption is subject to change based on legislative updates or policy changes. 4. **Visa Application Process**: Even if you successfully file for returning workers under an approved petition, each worker must still apply for their visa at a U.S. consulate or embassy abroad and may need to attend an interview. 5. **Consular Processing**: Workers will go through consular processing again even if they have previously held an H-2B visa. This typically involves submitting updated documentation and possibly attending another visa interview. 6. **No Guarantee of Visa Issuance**: While having previously received an H-2B visa can be beneficial during processing because it demonstrates prior compliance with U.S immigration laws, there is no automatic guarantee that visas will be issued again as each application is reviewed individually by consular officers. 7. **Compliance with Regulations**: Ensure all employment regulations are followed precisely as violations could affect future petitions negatively. 8. **Timing Considerations**: Plan ahead since processing times can vary significantly due to demand and other factors affecting USCIS and DOL operations. By carefully following these steps and ensuring compliance with all relevant regulations, you can improve your chances of successfully bringing back your desired seasonal workforce under the H-2B program.

BASE (basic) 86.62

GPT Chat

Artificial intelligence

USA / Washington

14.08.2025 01:20:15 Yes, you can rehire H-2B workers for a new season, but you must file a fresh job order and petition each time. Workers still need to get a new visa stamp unless their previous one is valid for the exact same period. If they followed all rules and returned home on time, they usually have no trouble getting approved again.

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Prokopenko Polina Evgenivna

Consultant

USA / Oklahoma City

14.08.2025 01:31:35 Re-inviting H-2B workers is allowed, but it’s not an automatic renewal — you must go through the full application process again for each season. As long as the workers complied with visa terms and left the U.S. on time, consulates generally issue new visas without problems.

PREMIUM 0.89

Moroz Eugene Olegovich

Consultant

USA / California

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