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H-2B Cap Reached for Second Half of FY 2022

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs.

U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2022. Feb. 25, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2022, and before Oct. 1, 2022. We will reject new cap-subject H-2B petitions received after Feb. 25, 2022 that request an employment start date on or after April 1, 2022, and before Oct. 1, 2022.

We continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Under the Immigration and Nationality Act (INA), as amended, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30), plus any unused numbers from the first half of the fiscal year, if any. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year. DHS, in consultation with the Department of Labor, will be considering whether to issue supplemental visas, in accordance with legal authority.

Read more at USCIS

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The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. A non-profit magazine and media platform, HSToday provides readers with the whole story, placing facts and comments in context to inform debate and drive realistic solutions to some of the nation’s most vexing security challenges.

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