FY 2012 H-2B Cap Count as of January 20, 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 first and second half of FY 2012.

As of January 20, 2012, USCIS has receipted filings on behalf of 25,993 beneficiaries toward the 33,000 H-2B cap amount for First Half of FY2012.  This count includes 18,220 approved and 7,773 pending petitions.  For the Second Half of the Fiscal Year, USCIS has receipted filings on behalf of 1,078 beneficiaries toward the 33,000 H-2B cap amount.  This count includes 619 approved and 459 pending petitions.     SOURCE

USCIS places a statutory numerical limit, or “cap,” on the total number aliens that it would issue a visa or otherwise provid 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 USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their peititions.