H-1B, H-2A, and H-2B Temporary Worker Programs: Resources for Data and Statistics

March 7, 2025

Congressional Research Service

https://crsreports.congress.gov

R48446

H-1B, H-2A, and H-2B Temporary Worker Programs: Resources for Data and Statistics

Congressional Research Service

Contents

Introduction ..................................................................................................................................... 1 Process for Bringing in H-1B, H-2A, and H-2B Workers ............................................................... 2

Agency Data Related to H-1B, H-2A, and H-2B Workers and Employers ..................................... 3

Agency Resources for H-1B, H-2A, and H-2B Data and Statistics ................................................ 5

Figures

Figure 1. Steps to Bring in H-1B, H-2A, and H-2B Workers from Abroad .................................... 3

Tables

Table 1. Data on H-1B, H-2A, and H-2B Workers .......................................................................... 3

Table 2. Data on H-1B, H-2A, and H-2B Employers ...................................................................... 4

Table 3. H-1B Program: Selected Agency Resources ..................................................................... 5 Table 4. H-2A Program: Selected Agency Resources ..................................................................... 7 Table 5. H-2B Program: Selected Agency Resources ..................................................................... 9

Appendixes

Appendix. Glossary of Acronyms ................................................................................................. 13

Contacts

Author Information ........................................................................................................................ 13

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Introduction

The Immigration and Nationality Act (INA, codified at 8 U.S.C. §§1101 et seq.) provides for the admission of foreign nationals, referred to as nonimmigrants, for a temporary period of time and a specific purpose (e.g., tourists, foreign students, diplomats, temporary workers).¹ Nonimmigrant visa categories are often identified by letters and numbers, based on the sections of the INA that authorize them. Three temporary worker categories are consistently in high demand by U.S. employers: H-1B, H-2A, and H-2B.

• H-1B workers perform services in specialty occupations,² which may include, but are not limited to, architecture, engineering, education, accounting, law, and the arts. The majority of H-1B workers are hired to work in science, technology, engineering, and mathematics (STEM) occupations, with about two-thirds of all H-1B visa recipients working in computer-related occupations. The H-1B visa is subject to a statutory annual cap of 65,000. However, the cap is regularly exceeded because of statutory provisions that allow for some exemptions.³

• H-2A workers perform seasonal or temporary agricultural labor, and engage in range herding and livestock production. The H-2A visa is not subject to any numerical limitations.

• H-2B workers perform nonagricultural, temporary jobs in a variety of fields, including landscaping, meat and seafood processing, and construction. The H-2B visa is subject to a statutory annual cap of 66,000, which has been reached every year since FY2014. However, supplemental H-2B visas have been authorized in recent years.⁴

Congress is consistently interested in these programs for reasons that include the high demand for foreign workers by U.S. employers, criticism that the approval process for hiring nonimmigrant workers is overly complex, and concerns about potential adverse effects on U.S. workers. In seeking to better understand these programs, questions often arise about the number or nationality of workers with H-1B, H-2A, or H-2B visa status and the number or type of companies employing workers in these categories in a specific geography (e.g., state, county, city, congressional district).

This report provides a high-level overview of the processes through which employers can hire H- 1B, H-2A, and H-2B workers; describes data available from the federal agencies involved in these processes; lists selected agency data resources for each program; and includes examples of

1 For more information about nonimmigrant categories, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.

2 The INA defines specialty occupation as “an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States” (INA §214(i)(1) (8 U.S.C. §1184(i)(1))).

3 For more information about the statutory provisions that allow for H-1B cap exemptions, see the section “H-1B, H- 1B1, and E-3 Visas: Specialty Occupation Workers” in CRS Report R47159, Temporary Professional Foreign Workers: Background, Trends, and Policy Issues.

4 Since FY2017, provisions in year-end omnibus appropriations laws have authorized DHS to make additional H-2B visas available beyond the statutory cap. To implement these provisions, the Departments of Homeland Security and Labor jointly published final rules for each year except FY2020. For more information, see CRS Report R44306, The H-2B Visa and the Statutory Cap. See Table 5 for information about accessing the final rules where the number of supplemental visas is published.

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recent statistics for each program. In addition, this report includes an Appendix with a glossary of acronyms.

Process for Bringing in H-1B, H-2A, and H- 2B Workers

The process for employers to bring in workers through the H-1B, H-2A, or H-2B programs involves multiple steps and multiple federal agencies. Below is a brief overview of the steps, which are also summarized in Figure 1.

1. Employers must first submit to the Department of Labor (DOL) a labor condition

application (LCA)⁵ (for the H-1B program) or a labor certification application⁶ (for the H-2A and H-2B programs). A single LCA or a single labor certification application may request multiple positions. However, for the H-2A and H-2B programs, DOL can issue a partial certification (i.e., for fewer than the total number of positions requested).

2. If the labor condition application is approved or the labor certification is granted,

an employer can submit an application, known as a petition, to the Department of Homeland Security (DHS) to bring in foreign workers. An H-1B petition is for one position, while an H-2A or H-2B petition may include multiple beneficiaries if certain conditions are met.⁷

3. If the petition is approved by DHS, the prospective employee may apply for a

visa from the Department of State (DOS). If the prospective employee is already present in the United States, he or she applies to DHS for a change of status rather than applying for a visa abroad.

4. If a prospective employee’s visa application is approved, the worker can travel to

the United States and seek admission. DHS’s Customs and Border Protection officers at U.S. airports and other ports of entry determine whether to admit the individual.

5 “Employers of specialty occupation workers on H-1B, H-1B1, and E-3 visas are required to file labor condition applications (LCAs) with DOL’s OFLC [Office of Foreign Labor Certification] stating the number of positions they are requesting, for what occupation and period of employment they need the worker(s), and what wages they will pay. Employers must also attest that they will comply with program requirements related to fair wages and working conditions. This process is known as labor attestation and is less rigorous than the labor certification process required when seeking to hire permanent employees and H-2 temporary workers.” Source: CRS Report R47159, Temporary Professional Foreign Workers: Background, Trends, and Policy Issues.

6 “A prospective H-2A or H-2B employer must apply for DOL labor certification to ensure that U.S. workers are not available for the jobs in question and that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers.” Source: CRS Report R44849, H-2A and H-2B Temporary Worker Visas: Policy and Related Issues.

7 The USCIS Instructions for Petition for Nonimmigrant Worker includes the following on page 3: “You may include on the same petition multiple beneficiaries who seek admission in the H-2A, H-2B, H-3, P-1, P-2, P-3, P-1S, P-2S, P- 3S, O-2, or Q-1 classifications if the conditions listed below are met.”

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Figure 1. Steps to Bring in H-1B, H-2A, and H-2B Workers from Abroad

Source: CRS presentation of information from the Departments of Labor, Homeland Security, and State.

Agency Data Related to H-1B, H-2A, and H-2B Workers and Employers

DOL, DHS, and DOS collect data from the various forms that employers or workers are required to submit in association with the H-1B, H-2A, and H-2B visa programs. The agencies make some of these data and related statistics available on their websites in various formats, including narrative reports, spreadsheets, and interactive dashboards. The tables below list topics related to workers (Table 1) and employers (Table 2) that are of frequent interest to Congress and describe what can be learned about these topics from selected agency data. Table 3, Table 4, and Table 5 in the next section (“Agency Resources for H-1B, H-2A, and H-2B Data and Statistics”) provide more detailed information about the data resources described in Table 1 and Table 2 and sample statistics.

Table 1. Data on H-1B, H-2A, and H-2B Workers

Number of Workers DHS publishes data on the admission of H-1B, H-2A, and H-2B nonimmigrants by fiscal year. However, admissions data represent counts of events (i.e., arrivals) and not unique individuals.^a Therefore, the number of admissions reported by DHS in a given fiscal year is greater than the number of individuals admitted. DHS’s H-1B, H-2A, and H-2B data hubs include the number of beneficiaries (workers) approved (as provided in employer petitions). These data give a sense of employer demand for workers but do not reflect the actual number of workers who either apply for a visa or are admitted. DOL publishes quarterly fact sheets for each program,^b which include the total number of positions certified. These data give a sense of employer demand for workers but does not reflect the actual number of workers that employers petition USCIS for, who apply for a visa, or who are admitted.

Nationality DHS publishes data on the admission of H-1B, H-2A, and H-2B visa holders by region and country of citizenship. DOS publishes data on the issuance of H-1B, H-2A, and H-2B visas by region and country of citizenship.

Occupations and Compensation

DHS publishes annual reports with demographic data on H-1B beneficiaries, including occupation and annual compensation among other characteristics.

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DHS’s H-1B, H-2A, and H-2B data hubs include data on occupations for which employers have requested temporary workers. The H-2A and H-2B data hubs include hourly wage data. These data are collected from employer petitions. DOL publishes brief fact sheets and detailed “disclosure data” files for each program^b quarterly. The fact sheets provide the top 10 occupations nationally based on the number of positions certified. The disclosure data include all occupations for which positions were certified, as well as wage information.

Location DHS publishes data on nonimmigrant admissions by visa category, destination state, and fiscal year. As noted above, admissions data represent counts of events (i.e., arrivals) not unique individuals.^a Therefore, the number of admissions in a given fiscal year is greater than the number of individuals admitted. DHS’s H-2A and H-2B data hubs include worksite states (as provided in employer petitions), which may be different from the state where an employer is based. DOL publishes brief fact sheets and detailed “disclosure data” files for each program^b quarterly. The fact sheets provide the top 10 states of employment based on the number of positions certified. The disclosure data include the number of positions certified by employer and provide both an employer address and a worksite address, which may be different. DOL, DHS, and DOS do not publish data about the location of workers by congressional district.

Source: Table compiled by CRS. a. For example, an individual with an H-1B visa who enters the United States on three different days in a given fiscal year represents three admissions. Multiple entries of an individual on the same day are counted as one admission.

b. The fact sheet with data about the H-1B program is titled “LCA Selected Statistics.” It combines data for the H-1B, H-1B1, and E-3 visa categories, all three of which require employers to submit LCAs. H-1Bs account for the vast majority of LCAs; CRS analysis of LCA data from the first quarter of FY2020-FY2024 shows that 97% of LCAs were for the H-1B program.

Table 2. Data on H-1B, H-2A, and H-2B Employers

Employer Names DOL publishes brief fact sheets and detailed “disclosure data” files for each program quarterly. The fact sheets include the names of the top 10 employers based on the number of positions certified.^a The disclosure data include the names of all employers. DHS’s H-1B, H-2A, and H-2B data hubs include employer names (as provided in employer petitions).

Industries DOL publishes detailed “disclosure data” files for each program^a quarterly. The disclosure data include an industry (NAICS) code for each employer. DHS’s H-1B, H-2A, and H-2B data hubs include industries (as provided in employer petitions).

Location DOL publishes brief fact sheets and detailed “disclosure data” files for each program^a quarterly. The fact sheets include the top 10 states of employment based on the number of positions certified. The disclosure data include the address for each employer. DHS’s H-1B, H-2A, and H-2B data hubs include employers' city, state, and zip code (as provided in employer petitions). DOL and DHS do not publish data about the location of employers by congressional district.

Source: Table compiled by CRS. a. The fact sheet with data about the H-1B program is titled “LCA Selected Statistics.” It combines data for the H-1B, H-1B1, and E-3 visa categories, all of which require employers to submit LCAs. H-1Bs account for the vast majority of LCAs; CRS analysis of LCA data from the first quarter of FY2020-FY2024 shows that 97% of LCAs were for the H-1B program.

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Agency Resources for H-1B, H-2A, and H-2B Data and Statistics

Table 3, Table 4, and Table 5 list agency resources that provide data and statistics related to the H-1B, H-2A, and H-2B programs, respectively. Most of these resources are described in Table 1 and Table 2. However, Tables 3-5 provide more detail about the content of each resource as well as a sample statistic from each resource for the most recent complete fiscal year available. The resources included in these tables were selected for their relevance to common questions about these programs.

Table 3. H-1B Program: Selected Agency Resources

Resource Name (Agency) Content Sample Statistic

LCA (H-1B, H-1B1, and E-3) Temporary Specialty Occupations Program – Selected Statistics (DOL, OFLC)

This quarterly report provides data from employer-submitted LCAs,^a 97% of which are for the H-1B program.^b These data include • number of applications received, certified, denied, and withdrawn;

• number of positions requested and certified; and

• ranking of top 10 occupations, states, and employers by number of positions certified.

Q4 fact sheets include total for each quarter and the fiscal year total.

In FY2024, California, Texas, and Washington were the top three states for the number of H-1B positions certified.

LCA Programs (H-1B, H-1B1, E-3) Disclosure Data (DOL, OFLC)

The disclosure data are Excel files released quarterly that contain detailed information about LCAs submitted to DOL. Examples of the information available include job title, number of workers requested, expected dates of employment, employer contacts, worksite address, wage level, and more. The files contain thousands of cases and dozens of data fields. CRS can provide assistance in working with these files, if needed.

There were 95,755 H-1B labor condition applications certified in quarter 1 of FY2025.

H-1B Employer Data Hub (DHS, USCIS)

This interactive dashboard includes data on employer-submitted petitions^c for H-1B workers. Data related to the number of approved petitions and beneficiaries (workers) can be filtered by • fiscal year;

• employer name;

• employer city, state, and zip code;^d and

• NAICS (industry) code.

Filtered results can be downloaded as Excel files. Complete data files for individual fiscal years can be downloaded from H-1B Employer Data Hub Files. These files can be used to calculate national totals.

In FY2024, California, Texas, and New Jersey were the top three states for the number of H-1B beneficiaries (workers) approved.^e

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Resource Name (Agency) Content Sample Statistic

Nonimmigrant Worker Petitions by Case Status and Request for Evidence (Form I-129)^f (DHS, USCIS)

This quarterly report provides national data on employer-submitted petitions^c for H-1B nonimmigrant workers (as well as workers in other visa categories). • Data include the number of petitions received, approved, denied, and completed.

• Data are presented by month and year, for multiple years.

In FY2023, 97.3% of H-1B petitions were approved.

Characteristics of H-1B Specialty Occupation Workers (DHS, USCIS)

This annual report provides national data from approved H-1B petitions,^c including beneficiaries’ (workers’) • country of origin,

• occupation,

• compensation,

• gender, and

• education level.

In FY2023, computer-related occupations were the largest major occupational category for approved H-1B petitions, accounting for 65% of all approved petitions.

Nonimmigrant Visa Statistics (DOS, BCA)

The following tables contain data on H- 1B visa issuances (as well as data for other nonimmigrant visa categories): • Nonimmigrant Worldwide Issuance and Refusal Data by Visa Category: presents data for the most recent fiscal year available.

• Nonimmigrant Visa Issuances by Visa Class and by Nationality: presents data for the most recent fiscal year available.

• Nonimmigrant Visas Issued by Classification (Including Border Crossing Cards): presents data by fiscal year for the most recent five- year period available.

In FY2023, 265,777 H-1B visas were issued out of 271,532 total applications.

Yearbook of Immigration Statistics^g (DHS, OHHS)

The following tables contain data on H- 1B admissions^h (as well as other nonimmigrant visa categories): • Table 25: Nonimmigrant Admissions by Class of Admission—presents data by fiscal year for the most recent 10-year period available.

• Table 32: Nonimmigrant Temporary Worker Admissions (I-94 Only)ⁱ by Region and Country of Citizenship—presents data for the most recent fiscal year available.

• Supplemental Table 3: Nonimmigrant Admissions (I-94 Only)ⁱ by Class of Admission and State or Territory of Destination— presents data for the most recent fiscal year available.

In FY2023, there were 755,020 admissions of H-1B visa holders. The top three destination states were California (139,080 admissions), Michigan (77,910 admissions), and New York (74,680 admissions). (These numbers do not include Canadians admitted as visitors for business or pleasure or Mexicans with border crossing cards.)ⁱ

Source: Table compiled by CRS. a. A single LCA (labor condition application) may correspond to multiple positions.

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b. The main visa class for specialty occupation workers is H-1B. The H-1B1 and E-3 classes are associated with free trade agreements and are limited to citizens of Chile (H-1B1), Singapore (H-1B1), and Australia (E-3). CRS analysis of LCA data from the first quarter of FY2020-FY2024 shows that 97% of LCAs were for the H-1B program.

c. For the H-1B visa, one petition corresponds to one beneficiary (worker).

d. The city, state, and zip code are from the employer’s mailing address and may not be the same as the beneficiary’s work location.

e. The H-1B Employer Data Hub does not generate a unique URL when filters are selected. Therefore, it is not possible to link to the results for a specific query.

f. USCIS will issue a Request for Evidence if additional information is needed from a petitioner (employer) to make a decision on their application.

g. DHS’s OHHS prepares the Yearbook of Immigration Statistics, a compendium of tables with data on foreign nationals in the United States. Some tables contain historical data and state-level data. Yearbooks from 1996 to the most recent available are online at https://ohss.dhs.gov/topics/immigration/yearbook. The tables are released as they become available, and then a final PDF of all tables is compiled and published in one volume. The tables are also available as Excel files.

h. Admissions data represent counts of events (i.e., arrivals), not unique individuals. Therefore, the number of admissions in a given fiscal year is greater than the number of individuals admitted. For example, an individual with an H-1B visa who enters the United States on three different days in a given fiscal year represents three admissions. However, multiple entries of an individual on the same day are counted as one admission.

i. The Arrival-Departure Record (Form I-94) is used to document entries of foreign nationals into the United States. Form I-94 data represent counts of events (i.e., arrivals), not unique individuals, and do not describe all nonimmigrant admissions (certain visitors are not required to fill out an I-94 form, including Canadians admitted as visitors for business or pleasure and Mexicans with border crossing cards). Together these two groups constitute a majority of nonimmigrant admissions each year.

Table 4. H-2A Program: Selected Agency Resources

Resource Name (Agency) Content Sample Statistic

H-2A Selected Statistics (DOL, OFLC)

These quarterly fact sheets provide statistics from employer-submitted applications for H-2A labor certification, including

• number of applications received, certified, denied, and withdrawn;

• number of positions requested and certified; and

• top 10 states, occupations, and employers by number of positions certified.

Q4 fact sheets include total for each quarter and the fiscal year total.

In FY2024, Florida, Georgia, and California were the top three states for the number of H-2A positions certified.

H-2A Disclosure Data (DOL, OFLC)

The disclosure data are Excel files released quarterly that contain detailed information about applications for H- 2A labor submitted by employers to DOL. Examples of the information available include job title, number of workers requested, expected dates of employment, employer contacts, worksite address, wage level, and more. The files contain thousands of cases and dozens of data fields. The data in each quarterly release are cumulative for the

In FY2024, 158 H-2A applications were denied.

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Resource Name (Agency) Content Sample Statistic

fiscal year. CRS can provide assistance in working with these files, if needed.

H-2A Employer Data Hub (DHS, USCIS)

This interactive dashboard includes data on employer-submitted petitions^a for H-2A workers. Data related to the number of approved petitions and beneficiaries (workers) can be filtered by

• fiscal year;

• employer name;

• employer city, state, and zip code;^b

• worksite state;^c and

• NAICS (industry) code.

Filtered results include hourly wage levels and can be downloaded as Excel files. Complete data files for individual fiscal years can be downloaded from H- 2A Employer Data Hub Files.^d These files can be used to calculate national totals.

In FY2024, 239 employers based in Oregon submitted petitions for H-2A workers.

Nonimmigrant Worker Petitions by Case Status and Request for Evidence (Form I-129)^e (DHS, USCIS)

This quarterly report provides national data on employer-submitted petitions^a for H-2A nonimmigrant workers (as well as workers in other visa categories).

• Data include the number of petitions received, approved, denied, and completed.

• Data are presented by month and year, for multiple years.

In FY2023, 98.9% of H-2A petitions were approved.

Nonimmigrant Visa Statistics (DOS, BCA)

The following tables contain data on H- 2A visa issuances (as well as data for other nonimmigrant visa categories):

• Nonimmigrant Worldwide Issuance and Refusal Data by Visa Category: presents data for the most recent fiscal year available.

• Nonimmigrant Visa Issuances by Visa Class and by Nationality: presents data for the most recent fiscal year available.

• Nonimmigrant Visas Issued by Classification (Including Border Crossing Cards): presents data by fiscal year for the most recent five- year period available.

In FY2023, 685 individuals from Honduras were issued H-2A visas.

Yearbook of Immigration Statistics^f (DHS, OHHS)

The following tables contain data on H- 2A admissions^g (as well as admissions data for other nonimmigrant visa categories):

• Table 25: Nonimmigrant Admissions by Class of Admission—presents data by fiscal year for a 10-year period.

In FY2023, there were 13,080 admissions of H-2A visa holders from South Africa.

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Resource Name (Agency) Content Sample Statistic

• Table 32: Nonimmigrant Temporary Worker Admissions (I-94 Only)^h by Region and Country of Citizenship—presents data for the most recent fiscal year available.

• Supplemental Table 3: Nonimmigrant Admissions (I-94 Only)^h by Class of Admission and State or Territory of Destination— presents data for the most recent fiscal year available

Source: Table compiled by CRS. a. A single H-2A petition may include multiple beneficiaries if certain conditions are met. See footnote 7.

b. The city, state, and zip code are from the employer’s mailing address and may not be the same as the beneficiary’s work location.

c. The worksite state may be different from the state where an employer is based.

d. The H-2A Employer Data Hub does not generate a unique URL when filters are selected. Therefore, it is not possible to link to the results for a specific query.

e. USCIS will issue a Request for Evidence if additional information is needed from a petitioner (employer) to make a decision on their application.

f. DHS’s OHHS prepares the Yearbook of Immigration Statistics, a compendium of tables with data on foreign nationals in the United States. Some tables contain historical data and state-level data. Yearbooks from 1996 to the most recent available are online at https://www.dhs.gov/ohss/topics/immigration/yearbook. The tables are released as they become available, and then a final PDF of all tables is compiled and published in one volume. The tables are also available as Excel files.

g. Admissions data represent counts of events (i.e., arrivals), not unique individuals. Therefore, the number of admissions in a given fiscal year is greater than the number of individuals admitted. For example, an individual with an H-1B visa who enters the United States on three different days in a given fiscal year represents three admissions. However, multiple entries of an individual on the same day are counted as one admission.

h. The Arrival-Departure Record (Form I-94) is used to document entries of foreign nationals into the United States. Form I-94 data represent counts of events (i.e., arrivals), not unique individuals, and do not describe all nonimmigrant admissions (certain visitors are not required to fill out an I-94 form, including Canadians admitted as visitors for business or pleasure and Mexicans with border crossing cards). Together these two groups constitute a majority of nonimmigrant admissions each year.

Table 5. H-2B Program: Selected Agency Resources

Resource Name (Agency) Content Sample Statistic

H-2B Selected Statistics (DOL, OFLC)

These quarterly fact sheets provide statistics from employer-submitted applications for H-2B labor certification, including

• number of applications received, certified, denied, and withdrawn;

• number of positions requested and certified; and

• the top 10 states, occupations, and employers by number of positions certified.

Q4 fact sheets include total for each quarter and the fiscal year total.

Landscaping and Groundskeeping Workers was the top occupation for H- 2B certified positions in FY2023.

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Resource Name (Agency) Content Sample Statistic

H-2B Disclosure Data (DOL, OFLC)

The disclosure data are Excel files released quarterly that contain detailed information about applications for H- 2B labor submitted by employers to DOL. Examples of the information available include job title, number of workers requested, expected dates of employment, employer contacts, worksite address, wage level, and more. The files contain thousands of cases and dozens of data fields. The data in each quarterly release are cumulative for the fiscal year. CRS can provide assistance in working with these files, if needed.

In FY2024, 1,883 applications for H-2B workers were withdrawn.

H-2B Employer Data Hub (DHS, USCIS)

This interactive dashboard includes data on employer-submitted petitions for H-2B workers. Data related to the number of approved petitions and beneficiaries (workers) can be filtered by

• fiscal year;

• employer name;

• employer city, state, and zip code;^a

• worksite state;^b and

• NAICS (industry) code.

Filtered results include hourly wage levels and can be downloaded as Excel files. Complete data files for individual fiscal years can be downloaded from H-2B Employer Data Hub Files. These files can be used to calculate national totals.

In FY2024, employers in Maine had 2,387 H-2B workers approved for positions in the Accommodation and Food Services industry.^c

Nonimmigrant Worker Petitions by Case Status and Request for Evidence (Form I-129)^d (DHS, USCIS)

This quarterly report provides national data on employer-submitted petitions^e for H-2A nonimmigrant workers (as well as workers in other visa categories).

• Data include the number of petitions received, approved, denied, and completed.

• Data are presented by month and year, for multiple years.

In FY2023, 13,378 H-2B petitions were approved and 203 were denied.

Nonimmigrant Visa Statistics (DOS, BCA)

The following tables contain data on H- 2B visa issuances (as well as data for other nonimmigrant visa categories):

• Nonimmigrant Worldwide Issuance and Refusal Data by Visa Category: presents data for the most recent fiscal year available.

• Nonimmigrant Visa Issuances by Visa Class and by Nationality: presents data for the most recent fiscal year available.

In FY2023, 131,704 H-2B visas were issued and 6,745 H-2B visa applications were denied.

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Resource Name (Agency) Content Sample Statistic

• Nonimmigrant Visas Issued by Classification (Including Border Crossing Cards): presents data by fiscal year for the most recent five- year period available.

Yearbook of Immigration Statistics^f (DHS, OHHS)

The following tables contain data on H- 2B admissions^g (as well as admissions data for other nonimmigrant visa categories):

• Table 25: Nonimmigrant Admissions by Class of Admission^h—presents data by fiscal year for a 10-year period.

• Table 32: Nonimmigrant Temporary Worker Admissions (I-94 Only)^h by Region and Country of Citizenship—presents data for the most recent fiscal year available

• Supplemental Table 3: Nonimmigrant Admissions (I-94 Only)^h by Class of Admission and State or Territory of Destination— presents data for the most recent fiscal year available.

In FY2023, there were 175,270 admissions of H-2B visa holders. The top three destination states were Texas (34,310 admissions), Florida (13,020 admissions), and Arizona (10,080 admissions). (These numbers do not include Canadians admitted as visitors for business or pleasure or Mexicans with border crossing cards).^h

Temporary rules published in the Federal Register (DHS and DOL)

For each year since FY2017 (except FY2020), DHS and DOL have jointly published temporary final rules to implement statutory provisions authorizing the release of supplemental H-2B visas.ⁱ The number of supplemental visas made available has ranged from 15,000 to 64,716.

For FY2024, 64,716 supplemental H-2B visas were made available.

Source: Table compiled by CRS. a. The city, state, and zip code are from the employer’s mailing address and may not be the same as the beneficiary’s work location.

b. The worksite state may be different from the state where an employer is based.

c. The H-2B Employer Data Hub does not generate a unique URL when filters are selected. Therefore, it is not possible to link to the results for a specific query.

d. USCIS will issue a Request for Evidence if additional information is needed from a petitioner (employer) to make a decision on their application.

e. A single H-2B petition may include multiple beneficiaries if certain conditions are met. See footnote 7.

f. DHS’s OHHS prepares the Yearbook of Immigration Statistics, a compendium of tables with data on foreign nationals in the United States. Some tables contain historical data and state-level data. Yearbooks from 1996 to the most recent available are online at https://www.dhs.gov/ohss/topics/immigration/yearbook. The tables are released as they become available, and then a final PDF of all tables is compiled and published in one volume. The tables are also available as Excel files.

g. Admissions data represent counts of events (i.e., arrivals), not unique individuals. Therefore, the number of admissions in a given fiscal year is greater than the number of individuals admitted. For example, an individual with an H-1B visa who enters the United States on three different days in a given fiscal year represents three admissions. However, multiple entries of an individual on the same day are counted as one admission.

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h. The Arrival-Departure Record (Form I-94) is used to document entries of foreign nationals into the United States. Form I-94 data represent counts of events (i.e., arrivals), not unique individuals and do not describe all nonimmigrant admissions (certain visitors are not required to fill out an I-94 form, including Canadians admitted as visitors for business or pleasure and Mexicans with border crossing cards). Together these two groups constitute a majority of nonimmigrant admissions each year.

i. Since FY2017, provisions in year-end omnibus appropriations laws have authorized DHS, in consultation with DOL, to make additional H-2B visas available beyond the statutory cap of 66,000. For more information, see CRS Report R44306, The H-2B Visa and the Statutory Cap, The H-2B Visa and the Statutory Cap.

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Appendix. Glossary of Acronyms

BCA Bureau of Consular Affairs (DOS)

DHS Department of Homeland Security

DOL Department of Labor

DOS Department of State

INA Immigration and Nationality Act

LCA Labor Condition Application

NAICS North American Industry Classification System

OFLC Office of Foreign Labor Certification (DOL)

OHSS Office of Homeland Security Statistics (DHS)

STEM Science, Technology, Engineering, and Mathematics

USCIS U.S. Citizenship and Immigration Services (DHS)

Author Information

Tilly Finnegan-Kennel Research Librarian

Acknowledgments

Sarah Caldwell, former Senior Research Librarian at CRS, contributed to this report.

Disclaimer

This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.