H-2B Cap as of November 16, 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 half of FY 2013.

As of November 16, 2012, USCIS has receipted filings on behalf of 10,330 beneficiaries toward the 33,000 H-2B cap amount for First Half of FY-2013.  This count includes 9,408 approved and 922 pending petitions.  For the Second Half of the Fiscal Year, USCIS has not yet receipted filings on behalf of beneficiaries toward the 33,000 H-2B cap amount.  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  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions.