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.


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.

Originally Published 14 October 2021

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