USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2008

Tuesday, January 29, 2008
Contributed by: Nick Nevarez Jr.

On January 3, 2008, the U.S. Citizenship and Immigration Services ("USCIS") announced that it received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of the Fiscal Year 2008. USCIS notified the public that January 2, 2008 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008.

The cap was reached with existing totals for January 2, 2008. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008.

Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

  • Extend the stay of a current H-2B worker in the United States;
  • Change the terms of employment for current H-2B workers to extend their stay; or
  • Allow current H-2B workers to change or add employers and extend their stay.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.