United States | USCIS announces H-2B cap reached, publishes dates for supplemental visas

USCIS announced Friday it had received enough petitions to reach the H-2B cap for the second half of the current fiscal year.

Key Points:

• March 7 was the final receipt date for new, cap-subject H-2B petitions requesting a start date in the second half of FY2024; petitions accepted after that date will be rejected.
• USCIS will continue accepting H-2B petitions that are exempt from the congressionally mandated cap. These include:
• Current H-2B workers in the United States who wish 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.
• Workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam (until Dec. 31, 2029).

Additional Information: In addition to announcing that it had reached the H-2B cap for the second half of the fiscal year, USCIS published filing dates for supplemental H-2B visas available under a temporary final rule published last fall. USCIS will:

• Begin accepting H-2B petitions for employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador or Costa Rica on March 22 if they have a start date between April 1 and Sept. 30. These visas are available regardless of whether the workers in question are returning or new workers.
• Begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality on March 22, if the workers have a start date between April 1 and May 14.
• Begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on April 22 if the workers have a start date between May 15 and Sept. 30.

USCIS will stop accepting petitions under the temporary final rule received after Sept. 16 or after the applicable cap has been reached, whichever occurs first.

BAL Analysis: The H-2B program continues to grow in popularity. BAL is available to help employers develop an H-2B strategy to ensure that key roles are filled. More information is available on BAL’s H-2 temporary workforce solutions page here.

This alert has been provided by the BAL U.S. Practice Group.

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