U.S. Citizenship and Immigration Services (USCIS) has announced that the mandated H-2B Visa cap for the first half of 2019 has been reached.
The last day to request workers with a start date before April 1, 2019, was on December 6, 2018. USCIS will reject any new H-2B petitions with a start date before April 1, 2019, that are received after December 6, 2018. On December 6, the number of beneficiaries that USCIS had recieved surpassed the total amount of visas available for the first half of 2019.
Selection of Applicants
In accordance with the regulations set forth, USCIS determined that it was necessary to use a computer generated lottery to ensure that the H-2B visas were dispersed in a fair manner. On December 11, USCIS randomly selected and assigned all petitions chosen via lottery. Premium
processing service for petitions selected in the lottery also began on that date.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
- 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
About H-2B Visas
U.S. businesses use the H-2B program to employ foreign workers for temporary non-agricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct.1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30). To check the status for the second half of 2019, you can visit the H-2B Visa Cap page created by USCIS.
Following These Regulations
If you need assistance to make sure that you are meeting any deadlines for your H-2B certification, we would love to chat with you. Request a consultation today to discuss setting up an audit with one of our team members.