H-2B Visa Cap Count Update as of April 26, 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 March 31, 2013, USCIS has receipted filings on behalf of 44,263 beneficiaries toward the 33,000 H-2B cap amount for First Half of FY-2013.Ā  This count includes 44,089 approved and 174 pending petitions. Ā As of April 26, 2013, tor the Second Half of the FY 2013 Fiscal Year, USCIS has receipted filings on behalf of 21,769 beneficiaries toward the 33,000 H-2B cap amount.Ā  This count includes 14,891 approved and 6,878 pending petitions.Ā Ā SOURCE

USCIS places a statutory numerical limit, or ā€œcap,ā€ 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.Ā  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 ā€“ March 31) and 33,000 allocated for employment beginning in the 2nd half of the fiscal year (April 1 ā€“ September 30).Ā  USCIS will accept filings in excess of the cap because of denials or withdrawn petitions and because employers may in the end employ fewer H-2B beneficiaries than shown in their petitions



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