Last Updated on March 19, 2023
U.S. Citizenship and Immigration Service (USCIS) has received enough H-2B petitions to meet the congressionally mandated cap for the second half of FY 2023 and released filing dates for supplemental H-2B visas for the remainder of FY 2023.
Overview
USCIS announced that enough petitions were received to meet the H-2B cap for the second half of the fiscal year (FY) 2023 on Feb. 28, 2023. Unless exempt from the H-2B cap, USCIS will reject H-2B petitions seeking a start date between April 1, 2023, and Oct. 1, 2023, received after Feb. 27, 2023.
USCIS used a computer-generated selection process to allocate H-2B cap numbers fairly and orderly due to a high volume of petitions submitted on or before Feb. 27, 2023. As part of the selection process, USCIS will notify employers if their petition was chosen for adjudication. Premium processing services will begin after a receipt date has been assigned to selected petitions.
Looking Ahead
USCIS will accept H-2B cap-exempt petitions, which include current H-2B workers seeking to extend their stay, employer changes or changes to employment. For further insights into H-2B cap-exempt petitions, check here.
Supplemental H-2B visas for FY 2023 are divided into separate allotments based on case type, employment start date, and worker nationality. The second half of FY 2023 has specific allocations with corresponding filing dates:
- For employers seeking workers from El Salvador, Guatemala, Honduras, and Haiti with an employment start date from Apr. 1 to Sept. 30, 2023: petitions will be accepted starting March 14, 2023. A cap count is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.
- For employers seeking workers for the early second half of FY 2023 (Apr. 1 to May 14): petitions for the additional 16,500 visas for returning workers can be filed from March 14, 2023.
- For employers seeking workers for the late second half of FY 2023 (May 15 to Sept. 30): petitions for the additional 10,000 visas for returning workers can be filed from April 13, 2023.
Envoy is pleased to provide you this information, which was prepared in collaboration with Natalie Zakarzecka, 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.
