USCIS has reached its H-2B cap for the second half of 2021

The USCIS reported on February 12 that the number of beneficiaries who received petitions exceeded the number of remaining H-2B visas available for the second half of FY 2021. To follow the guidelines, the USCIS has decided to follow a computer-generated selection process through which there will be a fair and orderly allocation of H-2B visa cap numbers.

The USCIS has decided to accept H-2B petitions which do not come under the cap mandated by the US Congress. It will continue to accept petitions under the following categories:

• H-2B workers who are currently in the United States and wish 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
• Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from November 2009 until Dec. 31, 2029.

The H-2B visa program is used by US businesses to hire foreign workers for non-agricultural work. Based on the Immigration and Nationality Act (INA), as amended, Congress has set the H-2B cap at 66,000 for every fiscal year, with 33,000 set 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), with this unused numbers from the first half of the fiscal year will be added. However, the unused H-2B numbers from one fiscal year cannot be carried over to the next fiscal year.

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