On Thursday, March 2, 2023, USCIS announced that it has reached the H-2B cap for the second half of fiscal year 2023. February 27, 2023 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2023, and before Oct. 1, 2023. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the second half FY2023. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.
The exceptions are listed below:
• 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;