H-2B Visa Cap Count Update as of January 25, 2013

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 first and second halves of FY 2013.

As of January 25, 2013, USCIS has receipted filings on behalf of 32,274 beneficiaries toward the 33,000 H-2B cap amount for First Half of FY-2013.  This count includes 29,227 approved and 3,047 pending petitions.  For the Second Half of the FY 2013 Fiscal Year, USCIS has receipted filings on behalf of 4,659 beneficiaries toward the 33,000 H-2B cap amount.  This count includes 2,264 approved and 2395 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  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions.