H-2B Attestation - Form ETA 9142-B-CAA-3, Attestation for ...-2025

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Denials of new H-1B petitions for initial employment rose from six percent in FY 2015 to a high of 24 percent in FY 2018 before dropping to 21 percent in FY 2019, 13 percent in FY 2020, four percent in FY 2021, and only two percent in FY 2022 (the two lowest denial rates ever recorded).
Reasons Why an H-2B Visa Application Could be Denied One of the primary reasons is that there were enough U.S. workers who could and wanted to do the job. Your visa application can also be denied if the Consulate finds that your employer did not make enough attempts to hire U.S based employees.
Because so many apply, only 1 in 3 are processed. As a result, only large companies with many openings in that job category are likely to seek approval. That spreads out the cost. Further, the applicant will be one of many doing the type of work, so they can wait to add him/her to their staff if the visa is approved.
In addition, they will need to file a Form I-129 to obtain the H-2B visas. From start to finish, the H-2B visa process might take four to six months. Ideally, any employer who is seeking H-2B foreign workers to fill their labor needs should start the process at least six months before the employments start date.
On Dec. 2, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of fiscal year 2025.
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Common Reasons for B1/B2 U.S. Visa Denials Submitting an incomplete application or lacking supporting document. Engaging in fraud or misrepresentation. Having a history of unlawful presence in the United States. Falling under other ineligibility grounds of the law.

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