Key Points
- USCIS has selected the maximum 33,000 cap-subject H-2B petitions for the first half of FY 2024
- USCIS will not accept cap-subject petitions requesting an employment start date before April 1, 2024
- USCIS will still accept H-2B petitions that are not cap-subject
Overview
US Citizenship and Immigration Services (USCIS) announced that it has received enough H-2B temporary non-agricultural petitions to reach the H-2B cap for the first half of fiscal year (FY) 2024.
USCIS states that October 11, 2023, was the final receipt date for first-time cap-subject H-2B workers requesting a start date before April 1, 2024. On October 11, 2023, USCIS had selected the maximum number of 33,000 petitions. USCIS will not accept H-2B petitions received after October 11, 2023, requesting an employment start date before April 1, 2024.
Although it is no longer accepting cap-subject petitions, USCIS will still accept petitions that are exempt from the cap, including:
- Current H-2B workers in the US who change employers, extend their stay or change the terms and conditions of their employment
- Fish roe technicians, fish roe processors, and supervisors of fish roe processing
- Workers performing labor or services in Guam and the Commonwealth of Northern Mariana Islands between November 28, 2009, and December 31, 2029
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
