First Half of 2007 H2B Cap Met

 

"Returning workers" are exempt from H-2B cap limitations. In order to qualify, the worker must have counted against the H-2B numerical cap between Oct. 1, 2003 and Sept. 30, 2006.

U.S. Citizenship and Immigration Services says that, as of Dec. 5, it had received enough H-2B worker petitions to reach the congressionally mandated limit for the first six months of FY2007 (Oct. 1, 2006-Apr. 1, 2007). According to the press release, the “final receipt date” was Nov. 28, 2006 for new H-2B worker petitions requesting employment start dates prior to April 1. That is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY2007. Petitions subject to the cap and received on Nov. 28 will go through a computer generated random selection process to select the number of petitions needed to meet the cap. All cap-subject petitions not randomly selected will be rejected. USCIS will also reject petitions for new H-2B workers seeking employment start dates prior to April 1 that arrive after Nov. 28. Applications will be accepted for new H-2B workers seeking employment start dates on or after April 1 that arrive after Nov. 28 only if they are supported by a valid temporary labor certification. Petitions for both current and “returning” H-2B workers do not count towards the cap. Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. Petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap will be rejected with respect to non-returning workers.