Imagility News

USCIS Hits H-2B Visa Cap Early in FY 2024.

On October 11, 2023, the U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers in the first half of fiscal year (FY) 2024. This means that they have received enough petitions for new cap-subject H-2B worker requests with an employment start date before April 1, 2024. Any new cap-subject petitions received after this date, seeking an employment start date before April 1, 2024, will be rejected by USCIS.

While the cap for new petitions has been reached, USCIS continues to accept H-2B petitions exempt from the cap. This exemption applies to various categories, including current H-2B workers in the U.S. extending their stay, changing employers, or altering employment terms. Additionally, fish roe processors, fish roe technicians, supervisors of fish roe processing, and workers in the Commonwealth of Northern Mariana Islands and/or Guam from November 28, 2009, to December 31, 2029, are also exempt.

The H-2B program is crucial for U.S. businesses employing foreign workers in temporary nonagricultural roles. The current annual H-2B cap is set at 66,000, with 33,000 allocated for workers starting employment in the first half of the fiscal year (October 1 – March 31) and the remaining 33,000 (plus any unused numbers from the first half) for workers beginning employment in the second half of the fiscal year (April 1 – September 30).

For further details, you can refer to the Cap Count for H-2B Nonimmigrants page.

Source: USCIS