Key Points
- USCIS has reached the limit for cap-subject H-2B petitions for returning workers in FY 2021
- USCIS will reject cap-subject H-2B petitions for workers returning after August 13, 2021
- The additional cap of 22,000 applications was made available through the FY 2021 H-2B supplemental visa temporary final rule
- USCIS will continue accepting petitions for workers who are exempt from the cap
Overview
US Citizenship and Immigration Services (USCIS) has reached the limit for cap-subject H-2B petitions for returning workers in FY 2021. As a result, the agency will reject any cap-subject H-2B petitions for workers who are returning after August 13, 2021, along with any accompanying application fees.
What are the Changes?
USCIS announced that it has received enough petitions to reach the cap limit of 22,000 H-2B visas. The additional cap was made available through the FY 2021 H-2B supplemental visa temporary final rule. USCIS began accepting H-2B petitions on July 23, 2021, for returning workers in accordance with the Biden-Harris administration’s effort to expand legal protection for workers from Guatemala, Honduras, and El Salvador.
Looking Ahead
Although it has reached the limit for cap-subject petitions, USCIS will continue accepting petitions for workers who are exempt from the cap. That includes current H-2B employees in the US who change their employer, extend their stay, or modify the terms and conditions of their employment. Workers who have performed or will perform labor or services in Guam or the Northern Mariana Islands from November 28, 2009, through December 31, 2029. USCIS is also accepting cap-subject petitions for the first half of FY 2022 for employment start dates between October 1, 2021, and April 1, 2022.
