U.S. Citizenship and Immigration Services announced on September 14, 2022, that it has reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2023. September 12, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. USCIS will reject new cap-subject H-2B petitions received after September 12, 2022, that request an employment start date before April 1, 2023.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
For more information regarding the H-2B program, please contact Fredrikson’s Immigration Team.