Home Page


Immigration Daily

Archives

RSS feed

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Seminars

CLE Workshops

Immigration books

Classifieds

Advertise

VIP Lawyer Network

EB-5

High Net Worth

Custom Content

Dubai Events

Find HNW People

Custom Events

Custom Services

Professional Services

About ILW.COM

Connect to us

Careers

Make us Homepage

Questions/Comments


SUBSCRIBE




ilw.com VIP


The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-2014
ILW.COM,
American
Immigration LLC.

  • News: USCIS Updates H-2B Nonimmigrants Cap Count

    Cap Count for H-2B Nonimmigrants

    The H-2B Program

    The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
    For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers." 

    What is the H-2B Cap?

    There is a statutory numerical limit, or "cap," on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.   Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no "carry over" of unused H-2B numbers from one fiscal year to the next.

    Persons who are exempt from the H-2B cap


    Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap.  Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.   Additionally petitions for the following types of workers are exempt the H-2B cap

    • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
    • From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.

    Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. 

    Fiscal Year 2013 H-2B Cap Count

    As USCIS receives H-2B petitions for fiscal year 2013, the chart below will be regularly updated.

    Cap Type   Cap Amount Beneficiaries Approved Beneficiaries Pending Target Beneficiaries1   Total Date of Last Count

    H-2B:  1st Half  FY 2013

     33,000  34,500 2,643 44,000 37,143 02/08/2013
    H-2B:  2nd Half  FY 2013    33,0002 4,552 3,425 00 7,977 02/08/2013


    1   Refers to the estimated number of beneficiaries needed to be included on petitions filed with USCIS to reach the H-2B cap, with an allowance for withdrawals, denials, and revocations. This number will always be higher than the actual cap.

    2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.

    This page can be found at http://www.uscis.gov/h-2b_count

    Last updated:02/11/2013

    Comments Leave Comment

    Click here to log in

    Please enter the six letters or digits that appear in the image opposite.

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: