H1B Visa Lawyer Blog
USCIS announced that it has received enough H-2B petitions to reach the congressionally mandated cap (33,000) for the second half of FY 2022. February 25, 2022 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1st. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2022, for a total of 66,000 for the year.
USCIS will reject new H-2B petitions that were received after February 25, 2022 and that request an employment start date before October 1, 2022, but there are some exceptions!
The exceptions are listed below:
- Current H-2B workers in the United States petitioning 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 Dec. 31, 2029.
For more detailed information about this subject please review the USCIS News Alert, “H-2B Cap Reached for Second Half of FY 2022“.
Source of Information:
- USCIS.gov, 3/1/22, News Alert: H-2B Cap Reached for Second Half of FY 2022
- USCIS.gov, 3/1/22, Web Page: Cap Count for H-2B Nonimmigrants