USCIS Reaches H-2B Cap for First Half of FY 2023

On Wednesday, September 14, 2022, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2023. September 12, 2022 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 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 first 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;
• Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
• Workers performing labor or services from November 28, 2009 until December 31, 2029, in the Commonwealth of Northern Mariana Islands and/or Guam.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Reaches H-2B Cap for First Half of FY 2023“.


Source of Information:, 9/14/22, News Alert:

USCIS Reaches H-2B Cap for First Half of FY 2023, 9/14/22, Web Page:

Cap Count for H-2B Nonimmigrants, 5/31/22, Web Page:

H-2B Temporary Non-Agricultural Workers

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