Pabian Law Client Alert: Summer-Season H-2B Supplemental Cap Update (Early-season Returning Worker Cap Reached)

Pabian Law clients and friends,

I hope this email finds you well. Earlier today, U.S. Citizenship & Immigration Services (USCIS) announced that the 27,736 “returning worker” supplemental visas available to early-season summer employers have been fully used, and therefore, this supplemental cap has been closed. The last day that USCIS accepted supplemental cap petitions for returning worker visas was Tuesday, April 21^st.

Who does this impact?

1. Who it impacts:
   1. This only impacts summer-season employers with start dates between April 1^st and April 30^th (i.e., “early-season” employers) who hoped to file supplemental cap petitions for “returning workers” (i.e., workers who have had H-2B status within the past 3 fiscal years) and did not file the final petition with USCIS before April 21^st.
2. Who it does not impact:
   1. If you are a “late-season” summer employer (i.e., May 1^st start date or later), this announcement does not impact you. There is a separate allocation of 18,490 visas available to late-season summer employers only (there is no “returning worker” requirement for this allocation, so new H-2B applicants are eligible – please see the linked client alert for more information about the supplemental cap allocations).
   2. It also does not impact summer-season employers who are planning to file in-country petitions only, as in-country workers are “cap-exempt.”
   3. Finally, this does not impact winter-season employers.

If I am impacted, what can I do?

In-country recruiting is always the best option, as it allows employers to avoid the risks of relying on the supplemental cap. With this announcement, in-country recruiting is now the only option for “early-season” summer employers who have not yet filed their petitions with USCIS. If you are a Pabian Law client who filed a petition that will not be accepted due to this announcement, we will reach out to you directly.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.