US reaches H-2B visa limit for the first half of 2022-23

Highlights about H-2B cap in U.S.

• USCIS has obtained enough petitions that reached the set mandated cap on H-2B visas for the first six months of the year 2022-23 for temporary non-agricultural workers.
• The final receipt date is set as Sep 12, 2022, for the new annual limit of H-2B worker petitions seeking an employment beginning date within April 1, 2023.
• USCIS currently accepting H-2B petitions which have been exempted from the mandated cap.
• The current H-2B cap that is set is 66,000 per FY year.
• 33,000 workers begin their employment in the period of the first six months of the fiscal year which is Oct 1 – March 31.
• The other 33,000 workers start working in the second half of the fiscal year which is April 1 – Sep. 30.
• The H-2B program is utilized by U.S. businesses to recruit foreign workers for non-agricultural jobs on a temporary basis.

H2-B visa petitions

United States Citizenship and Immigration Services (USCIS) has received a sufficient number of petitions. It has already crossed the limit of the mandated cap on H2-B visas for temporary non-agricultural workers in the first FY (Fiscal Year) of 2023.

The last date for receipt of the new cap application was September 12, 2022. This cap has been put for the employment start date before April 1, 2023. The petitions received after Sep. 12, 2022, requesting the same will be rejected.

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For now, USCIS proceeds to take the H2-B petitions which are exempted from the congressionally mandated cap.

These petitions include:

1. The H-2B workers who are currently staying in the U.S.

• Extend their stay
• Switch employers
• Who has changed the employment-related terms and conditions.

2. The workers who are

• Fish roe technicians
• Fish roe processors and/or
• The Fish roe processing supervisors and,
• The foreign workers who are executing workers or the services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029

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The H-2B program is used by U.S. businesses to hire international workers for non-agricultural jobs for a short time period (Temporary).

The current H2-B cap that has been set for an FY year is 66,000. Which is segregated as 33,000 workers will start their employment in the initial six months of the FY year (Oct. 1 - March 31). The other 33,000 workers are to begin their job in the second half of FY (April 1 - Sept. 30).

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Also Read: 15000 F1 visas to U.S. issued in 2022; three times compared to last year