Immigration News: USCIS Reaches H-2B Cap for Fiscal Year 2015

March 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2015.

How the Final Receipt Date is Determined

The final receipt date is the date when USCIS received enough cap-subject petitions to reach the statutory limit of 66,000 H-2B worker visas for FY 2015.

What Happens After Reaching the Cap

USCIS will reject new H-2B petitions that:

  • Request an employment start date before October 1, 2015; and
  • Were received after March 26, 2015.

Please note that employers may file petitions up to 120 days prior to the employment start date. USCIS will reject new H-2B petitions filed more than 120 days prior to the employment start date.

Petitions That Are Exempt from the Cap

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions filed on behalf of the following beneficiaries:

  • H-2B workers in the United States or abroad who have been previously counted towards the cap in the same fiscal year;
  • Current H-2B workers seeking an extension of stay;
  • Current H-2B workers seeking a change of employer or terms of employment;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • H-2B workers performing labor or services from November 28, 2009, until December 31, 2019, in the Commonwealth of Northern Mariana Islands and/or Guam as quoted USCIS.com.

See More Immigration News!

Add new comment

Comments are expected to follow the basic rules of civility and be relevant to the topic being commented upon. Comments will be reviewed prior to posting. Blog comments represent the views of the person commenting, not necessarily those of San José Public Library. For more information see SJPL's Comment Guidelines.