USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for the first half of fiscal year (FY) 2017. Jan. 10, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2017.

What Happens After Reaching the Cap?

Except as noted below, USCIS will reject new H-2B petitions received after Jan. 10, 2017, that request an employment start date before April 1, 2017.

Petitions That Are Exempt from the Cap?

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

1. Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers
2. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
3. Workers performing labor or services from Nov. 28, 2009, until Dec. 31, 2019, in the Commonwealth of Northern Mariana Islands and/or Guam.

For more information about the H-2B work program, visit http://www.uscis.gov/h-2b or call the National Customer Service Center at 800-375-5283.

Chava McKeel, director of government affairs