H-2B Cap as of September 28, 2012

U.S. Citizenship and Immigration Services (USCIS) has updated its count of H-2B filing for temporary non-agricultural visas (H-2Bs) for employment for the second half of FY 2012 and the first half of FY 2013.

As of September 28, 2012, USCIS has receipted filings on behalf of 29,955 beneficiaries toward the 33,000 H-2B cap amount for Second Half of FY-2012.  This count includes 28,159 approved and 1,096 pending petitions.  For the First Half of the FY 2013 Fiscal Year, USCIS has receipted filings on behalf of 5,957 beneficiaries toward the 33,000 H-2B cap amount.  This count includes 5,314 approved and 643 pending petitions.  SOURCE

USCIS places a statutory numerical limit, or “cap,” on the total number aliens that it would issue a visa or otherwise provide H-2B status to (including through a change of status) during a fiscal year.  Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30).  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions.