USCIS Reaches H-2B Cap for the First Half of Fiscal Year 2022

October 14, 2021 Lucy Halse

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-2B petitions for temporary nonagricultural workers to meet the congressionally mandated cap for the first half of FY 2022.  

Overview  

The last date for new cap-subject H-2B petitions was Sept. 30, 2021 for petitioners seeking an employment start date before April 1, 2022. USCIS will reject cap-subject petitions received after Sept. 30, 2021, for petitioners seeking an employment start date before April 1, 2022.  

USCIS will continue accepting H-2B petitions that are exempt from the cap, including:  

  • Petitions filed for current H-2B workers in the U.S. who change employers, change the terms and conditions of their employment, or who want to extend their stay in the U.S.; 

  • Fish roe technicians, fish roe processors, and fish roe processing supervisors;  

  • Workers engaged in services or labor in the Commonwealth of Northern Mariana Islands and/or Guam between Nov. 28, 2009, and Dec. 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, which is Oct. 1 through March 31. The cap is also 33,000 for the second half of the fiscal year, which is April 1 through Sept. 30, and it also includes any unused numbers from the first part of the fiscal year.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").         

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative. 

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