This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. USCIS said that September 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. "We will reject new cap-subject H-2B petitions we receive after Sept. 18 that request an employment start date before April 1, 2025," the agency said.
USCIS said it is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:
- 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 the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
USCIS noted that 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 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1-September 30).
