The mandated cap on H-2B visas for temporary nonagricultural workers for the first half of FY 2022 has been reached. USCIS announced they have received enough petitions for the period of October 1, 2021, to March 31, 2022, which is the first half of the government’s fiscal year 2022.
September 30 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2022. As such, the USCIS will now reject new cap-subject H-2B petitions received after Sept. 30 that ask for an employment start date prior to April 1, 2022.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment,
- 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, 2029.
The H-2B program is used by U.S. businesses to employ foreign workers for temporary nonagricultural jobs. Currently, the H-2B cap is 66,000 per fiscal year, per Congress. Further, Congress divides the visas, allowing 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 (plus any unused visas from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).
If you have questions about an H-2B visa or any immigration-related issue, contact us at ILBSG. We continue to monitor immigration policy in the U.S. and put our expertise and insight to work for you, to ensure you get the right advice.