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.