USCIS announced that it has received a sufficient number of H-2B petitions to reach the congressionally mandated cap (33,000) for the second half of FY 2021. February 12, 2021 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before October 1st. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2021, for a total of 66,000 for the year.
USCIS will reject new H-2B petitions that were received after February 12, 2021 and that request an employment start date before October 1, 2021, but there are some exceptions!
The exceptions are listed below:
• Current H-2B workers in the United States 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 in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.
For more detailed information about this subject please review the USCIS News Alert, “H-2B Cap Reached for Second Half of FY2021“.
Source of Information:
USCIS.gov, 2/24/21, News Alert: H-2B Cap Reached for Second Half of FY2021
USCIS.gov, 2/24/21, Web Page: Cap Count for H-2B Nonimmigrants