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H-2B Cap Reached for Second Half of FY 2022

Thomas M. Lee
H-2B Visa

U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2022. February 25, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2022, and before October 1, 2022. USCIS will reject new cap-subject H-2B petitions received after February 25, 2022 that request an employment start date on or after April 1, 2022, and before October 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 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; and
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until December 31, 2029).

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Under the Immigration and Nationality Act (INA), as amended, 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 (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30), plus any unused numbers from the first half of the fiscal year, if any. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year. DHS, in consultation with the Department of Labor, will be considering whether to issue supplemental visas, in accordance with legal authority.

Please note that the information provided on this website is for general information purposes only and is not to be construed nor relied upon as legal advice nor the formation of an attorney-client relationship. For a free consultation with Attorney Thomas M. Lee, please contact us.

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