H2B Cap Reached for 2nd Half of 2008

USCIS will apply a computer-generated random selection process to all petitions subject to the cap that were received on Jan. 2, 2008 and use this process to select the number of petitions needed to meet the cap.

U.S. Citizenship and Immigration Services announced that as of Jan. 2, it had received enough H-2B worker petitions to reach the Congressionally mandated limit for the final six months of FY2008 (Apr. 1, 2008-Sept. 30, 2008).

According to the press release, the final receipt date was Jan. 2, 2008 for new H-2B worker petitions requesting employment start dates prior to Oct. 1, 2008. 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 second half of FY2008.

The cap was reached with existing totals received for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to Oct. 1, 2008, that arrive after Jan. 2, 2008. USCIS will apply a computer-generated random selection process to all petitions subject to the cap that were received on Jan. 2, 2008 and use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions for workers who are currently in H-2B status do not count toward the Congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to: Extend the stay of a current H-2B worker in the United States; Change the terms of employment for current H-2B workers and extend their stay; Allow current H-2B workers to change or add employers and extend their stay.

For more about the H-2B work program, visit www.uscis.gov or call the National Customer Service Center at 800-375-5283.