The USCIS reported on February 12 that the number of beneficiaries who received petitions exceeded the number of remaining H-2B visas available for the second half of FY 2021. To follow the guidelines, the USCIS has decided to follow a computer-generated selection process through which there will be a fair and orderly allocation of H-2B visa cap numbers.
The USCIS has decided to accept H-2B petitions which do not come under the cap mandated by the US Congress. It will continue to accept petitions under the following categories:
The H-2B visa program is used by US businesses to hire foreign workers for non-agricultural work. Based on the Immigration and Nationality Act (INA), as amended, Congress has set the H-2B cap at 66,000 for every fiscal year, with 33,000 set for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30), with this unused numbers from the first half of the fiscal year will be added. However, the unused H-2B numbers from one fiscal year cannot be carried over to the next fiscal year.
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