U.S. Citizenship and Immigration Services (USCIS) has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008. USCIS notified the public yesterday that January 2 is the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. Last year, USCIS didn't receive a sufficient number of petitions to reach the cap until March 16.
The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of the fiscal year.
The cap was reached with existing totals for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008, that arrive after January 2.
USCIS will apply a computer-generated random selection process to all cap-subject petitions and were received on January 2. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
- Extend the stay of a current H-2B worker in the United States;
- Change the terms of employment for current H-2B workers and extend their stay; or
- Allow current H-2B workers to change or add employers and extend their stay.