OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2026 (October 1 – March 31) is 33,000. As of the last count (8/11/25); 4,094 beneficiaries have been approved and 6,902 are pending for a total of 10,996.


The H-2B cap limit for second half of FY 2026 (April 1 – September 30) is 33,000. As of the last count (8/11/25); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 22, 2025. Act now and submit your questions!

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UPDATE: Explore American Immigration Council’ interactive map to get more comprehensive information on U.S. immigration data and its impact!

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; West Virginia, Wisconsin and Wyoming!

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The Department of State has released its latest Visa Bulletin.

Click the link to view the September 2025 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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The USCIS Forms Updates web page lists their most recently updated forms. The list includes forms as they publish them and includes a brief explanation for the update.

There are (2) form updates from 7/31/25 through 8/5/25, one for each date! To view these form updates and any others, review the USCIS Web Page: Forms Updates!

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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

  1. I just noticed that my wife’s I-94 record shows that her H4 expired two months back. I had no idea. I’d like to do whatever is necessary to put my wife back in a valid status. What can be done?

You will first need to determine why the I-94 expired, was it based on her passport expiry or the actual expiration date listed on her I-797, I-539 approval notice, or as stamped on her H4 visa? If it was a mistake and she should have been given a date to match your H-1B, then you may be able to resolve the matter directly with Customs and Border Protection (CBP) at a local international airport. However, if the expiration date is not a mistake, then your wife can immediately leave the United States, and re-enter and produce her new passport, and documentation to establish a lawful nonimmigrant visa status upon re-entry. Or, depending upon the circumstances of the overstay, file a Nun Pro Tunc H4 extension of status petition with the USCIS, essentially requesting the government to forgive/excuse and treat the H4 extension as timely filed. It is highly recommended that you speak with an experienced Immigration Attorney to evaluate your options before proceeding on your own to rectify the situation.

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On Wednesday, August 6th, the Department of Homeland Security (DHS) that they were removing the age limits for hiring U.S. Immigration and Customs Enforcement (ICE) Agents! The age limit was from 21 to around 40, it will now start at age 18 with no upper age limit! Congress has given the Trump Administration enough money to hire 10,000 more ICE agents to help with their deportation plans! 

For more information, please read the AP News Article, “Homeland Security removes age limits for ICE recruits to boost hiring for Trump deportations“! 

 
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