H-2B Cap Count as of May 19, 2016

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 2016.

On March 21, 2016, USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of FY 2016.  On May 19, 2016, USCIS announced that they had received a sufficient number of petitions to reach the congressionally mandated H-2B cap for FY 2016.  May 12, 2016 is the “final receipt date” for new cap-subject H-2B worker petitions requesting employment start dates before October 1, 2016.

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  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions.

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