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USCIS Alert: H-2B Returning Workers Are Exempt from the FY2016 H-2B Cap

USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions.

H-2B Cap

H-2B visa process

H-2B Countries

H-1B Temporary worker application

USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.

H-2B visas

H-2B attorney

H-2B Cap

Law Offices of Brian D. Lerner

H-2B Cap Count for FY2011

As of 1/07/11, USCIS receipted 2,129 petitions toward the 33,000 H-2B cap amount for the second half of the fiscal year. This count includes 1,452 approved and 677 pending petitions. H-2B cap count information for the first half of FY2011 is also available.