H-2B Cap Count as of May 18, 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 May 18, 2012, USCIS has receipted filings on behalf of 36,609 beneficiaries toward the 33,000 H-2B cap amount for First Half of FY-2012.  This count includes 36,609 approved and 0 pending petitions.  For the Second Half of the Fiscal Year, USCIS has receipted filings on behalf of 25,722 beneficiaries toward the 33,000 H-2B cap amount.  This count includes 23,548 approved and 2,174 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  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions.