Key Points
- USCIS has reached the H-2B cap limit for the first half of FY 2022
- The cap limit is 33,000 for each half of every fiscal year
- USCIS is considering petitions filed by September 30, 2021, for employment start dates before April 1, 2022
- Non-cap-subject H-2B petitions will still be accepted
Overview
US Citizenship and Immigration Services (USCIS) has announced that it has received enough H-2B visas for temporary nonagricultural workers to meet the congressionally mandated cap for the first half of FY 2022.
The last date for new cap-subject H-2B petitions was September 30, 2021, for individuals seeking an employment start date before April 1, 2022. USCIS will reject cap-subject petitions received after September 30, 2021, for individuals seeking an employment start date before April 1, 2022.
USCIS will continue accepting H-2B petitions that are exempt from the cap, including:
- Current H-2B workers in the US who change employers, change the terms and conditions of their employment, or who want to extend their stay in the US.
- Fish roe technicians, fish roe processors, and fish roe processing supervisors
- Workers engaged in services or labor in the Commonwealth of the Northern Mariana Islands or Guam between November 28, 2009, and December 31, 2029
Looking Ahead
The congressional cap for H-2B visas is currently 66,000 per fiscal year. The cap is set at 33,000 for workers who have employment start dates during the first half of the fiscal year, from October 1 through March 31. The cap is also 33,000 for the second half of the fiscal year, which is April 1 through September 30, and it also includes any unused numbers from the first part of the fiscal year.
