H-2B Cap Reached for Second Half of FY 2020

March 16, 2020

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

U.S. Citizenship and Immigration Services (USCIS) announced on February 26, 2020, that it has received enough petitions to meet the congressionally mandated H-2B cap on foreign workers in temporary nonagricultural jobs for the second half of fiscal year 2020.

February 18, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before October 1, 2020. USCIS said it will reject new cap-subject H-2B petitions received after February 18 that request an employment start date before October 1.

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 wish to extend their stay and, if applicable, change the terms of their employment or change employers;
  • fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.