Important Updates
Important Updates
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 21, 2025 | United Arab EmiratesUnited Arab Emirates: Reminder of 2025 Deadline for Mainland Private Sector Employers to Increase Emiratization Rate
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 21, 2025 | United Arab EmiratesUnited Arab Emirates: Reminder of 2025 Deadline for Mainland Private Sector Employers to Increase Emiratization Rate
May 21, 2025 | United StatesUnited States: Protecting Against Immigration Fraud Schemes
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

USCIS Reaches FY 2021 H-2B Cap for Additional Returning Workers; Continues to Accept Filings for Northern Triangle Nationals Until July 8

June 3, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • USCIS has received enough FY 2021 H-2B petitions to reach the 16,000 supplemental cap for returning workers. Returning worker H-2B petitions received after June 1, 2021 will be rejected.
  • The agency continues to accept H-2B filings for Northern Triangle country (Honduras, Guatemala and El Salvador) nationals until July 8, 2021.

A closer look

U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only, the agency announced today. However, USCIS continues to accept H-2B nonimmigrant petitions for the additional 6,000 visas allotted for nationals of Northern Triangle countries (Honduras, Guatemala and El Salvador) regardless of whether they previously held H-2B status.

Background

On May 25, USCIS began accepting H-2B petitions under a temporary final rule that increased the fiscal year (FY) 2021 cap by up to 22,000 additional H-2B nonimmigrant visas. Of the 22,000 additional visas, 16,000 were available only to returning workers who previously held H-2B status. The remaining 6,000 visas are initially set aside for nationals from the Northern Triangle countries, who do not need to meet the returning worker requirement.

H-2B lottery under the returning worker cap

In the first five business days of filing, USCIS received petitions for more beneficiaries than the additional 16,000 visas made available for H-2B returning workers. The agency randomly selected petitions to meet the 16,000 returning worker limit, considering all returning worker petitions received by the agency between May 25 and June 1. USCIS will reject any cap-subject petitions for H-2B returning workers (not including those filed under the Northern Triangle allotment) received after June 1.

H-2B petitions for nationals from Northern Triangle countries

USCIS will continue to accept H-2B petitions for Northern Triangle nationals until July 8, 2021. The agency encourages petitioners whose workers were not selected for the 16,000 returning worker allotment to refile for workers from the Northern Triangle countries while H-2B visas for that group remain available. If fewer than 6,000 beneficiaries are requested, USCIS will announce by July 23, 2021, that the remaining H-2B visa numbers will be made available to beneficiaries regardless of nationality, subject to the returning worker limitation.

What this means for employers

Employers with FY 2021 H-2B employment needs should identify Northern Triangle H-2B cases and work with their immigration counsel to submit petitions as soon as possible before the remaining cap numbers are exhausted. Additional visas will not be available in future years unless a similar supplement is authorized.

USCIS will also continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for current H-2B workers in the United States petitioning to extend their stay and change the terms of their employment or change their employers; among others.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the â€śPartnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the â€śPartnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.