
At a glance
- USCIS reached the numerical limit for additional FY 2019 H-2B visas on June 5, and will return any petitions received after that date.
- The 30,000 additional H-2B visas were depleted one month after employers were authorized to begin filing petitions.
- No further H-2B visas will be available for FY 2019, which ends on September 30, 2019.
The issue
On June 5, 2019, U.S. Citizenship and Immigration Services (USCIS) reached the cap for the additional 30,000 FY 2019 H-2B visas authorized earlier this year. The agency will reject and return any H-2B cap-subject petitions received after June 5, along with any filing fees.
The additional H-2B numbers were authorized by Congress in its Department of Homeland Security (DHS) FY 2019 spending package, passed in February. The legislation allowed DHS to increase the H-2B cap above the standard 66,000 annual limit for just this fiscal year if, in consultation with the Department of Labor (DOL), it determined there were not enough U.S. workers to meet the needs of American businesses for temporary non-agricultural work. The additional H-2B visas are only available to foreign nationals who have held H-2B status in one of the last three fiscal years.
In May, DHS authorized 30,000 additional H-2B numbers, and began accepting qualifying petitions on May 8. Employers were authorized to submit petitions until the 30,000 numerical limit was reached, or until September 16, 2019, whichever came earlier. Last year, when only 15,000 additional H-2B visas were authorized, demand for the extra numbers resulted in USCIS conducting a lottery to select cases for adjudication.
USCIS continues to accept H-2B petitions not subject to the cap, including those on behalf of current H-2B workers in the U.S. filing extensions of stay, changes of employer, or amendments.
What it means
Qualifying H-2B petitions received by USCIS on or before June 5 will be adjudicated by the agency. Employers who filed their petitions with premium processing requests will receive an approval, denial, or request for evidence within 15 days of receipt.
Additional H-2B visas will not be available for the remainder of FY 2019. For FY 2020, additional H-2B numbers above the annual 66,000 cap will not be available unless cap relief is again authorized by Congress and the relevant agencies.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Immigration analysis
Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused.
Media mentions
Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.
Podcast
Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.
Media mentions
Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.
Media mentions
Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.
Video
Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.
Video
In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.
Blog post
Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.
Media mentions
Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
Immigration analysis
Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused.
Media mentions
Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.
Podcast
Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.
Media mentions
Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.
Media mentions
Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.
Video
Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.
Video
In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.
Blog post
Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.
Media mentions
Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
