U.S. Citizenship & Immigration Services (USCIS) reopened the H-2B cap for the second half of 2015 on June 5. The agency is accepting requests for new H-2B guest workers with a start date between April 1 and Sept. 30.
Congress caps the number of H-2B workers at 66,000 per year. On April 2, USCIS said it had accepted and approved enough H-2B petitions to meet the cap. However, a recent analysis revealed the U.S. Department of State issued fewer H-2B visas than allowed, so USCIS determined there are still slots remaining for the second half of the 2015 fiscal year.
To petition for additional workers under the cap, employers must:
- Submit Form I-129, Petition for a Nonimmigrant Worker, with all required documents, including an approved Temporary Labor Certification (TLC) from the Department of Labor that’s valid for the entire employment period stated on the petition.
- Indicate an employment start date between April 1 and September 30.
USCIS will consider petitions received on or after Oct. 1 and/or requesting a start date on or after Oct. 1 towards next year’s H-2B cap. USCIS started accepting FY16 H-2B cap petitions on June 3.
