H1B Visa Lawyer Blog

On Wednesday, September 14, 2022, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2023. September 12, 2022 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2023. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2023. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

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. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2023 (October 1 – March 31) is 33,000. As of the last count (9/1/22); 24,947 beneficiaries have been approved and 4,627 are pending for a total of 29,574.

The H-2B cap limit for second half of FY 2023 (April 1 – September 30) is 33,000. As of the last count (9/1/22); 0 beneficiaries have been approved and 0 are pending for a total of 0.