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USCIS breaches H-2B cap nationwide
U.S. Citizenship and Immigration Services has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018.
Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after Dec. 15 that request an employment start date before April 1, 2018.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
-Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
-Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and,
-Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2019.
USCIS is currently accepting cap-subject petitions for the second half of FY 2018 for employment start dates on or after April 1, 2018.
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct.1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).
We encourage H-2B petitioners to visit the H-2B Fiscal Year (FY) 2018 Cap Season Web page. (USCIS)
