Important Updates
Important Updates
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 13, 2025 | Malaysia Malaysia: Visa-Free Stay for Libyan Nationals Extended
August 13, 2025 | KazakhstanKazakhstan: Investor Visa Introduced
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 13, 2025 | Malaysia Malaysia: Visa-Free Stay for Libyan Nationals Extended
August 13, 2025 | KazakhstanKazakhstan: Investor Visa Introduced
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
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 ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • 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

United States: Cap Reached for Remaining FY 2021 Returning Worker H-2B Visas

August 19, 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

  • On August 13, 2021, USCIS received enough H-2B petitions for returning workers under the remaining H-2B visas made available by a supplemental H-2B regulation for FY 2021.
  • USCIS will reject and return any cap-subject petitions for H-2B returning workers received after August 13, 2021, along with accompanying fees.
  • USCIS will continue to accept H-2B petitions for workers that are exempt from the cap. USCIS is also accepting cap-subject H-2B petitions for the first half of FY 2022 for employment start dates on or after October 1, 2021 and before April 1, 2022. 

A closer look

The Department of Homeland Security (DHS) has announced that as of August 13, 2021, it has received enough H-2B petitions for returning workers from any country of origin, pursuant to its supplemental H-2B regulation. USCIS will reject and return any cap-subject petitions for H-2B returning workers received after August 13, 2021, along with any accompanying fees.

Background

In May 2021, the Department of Homeland Security made 22,000 additional H-2B visas available for FY 2021. Of these, 16,000 were to be available to returning workers who previously held H-2B status in fiscal years 2018, 2019 or 2020, while the remaining 6,000 were reserved for nationals of the Northern Triangle countries of El Salvador, Guatemala and Honduras, regardless of whether they previously held H-2B status. 

The 6,000 Northern Triangle carve-out was in keeping with President Biden’s Executive Order 14010, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.” If all 6,000 were not allocated by July 8, 2021, USCIS planned to make an announcement on its website by July 23, 2021, and the remainder of the carve-out would become available to nationals of any country, subject to the returning worker limitation.

The standard FY 2021 H-2B cap was reached on February 12, 2021, and the 16,000 supplemental cap was reached on June 3, 2021. On July 23, USCIS reported that while it received a substantial number of H-2B petitions on behalf of Northern Triangle nationals, it did not receive enough to meet the 6,000 visa number carve-out, and the agency began accepting H-2B petitions from any country for the remaining visas until the cap was reached on August 13, 2021.

As with prior supplemental increases, employers were required to attest that their business was at risk of irreparable harm without the additional workers. Employers were also able to hire workers already present in the United States in H-2B status without waiting for approval of the new petition. The supplemental increase applied to FY 2021 only and does not affect the H-2B program in future fiscal years.

What this means for employers

Employers whose H-2B petitions for returning workers were received by USCIS after August 13 should look out for returned petitions with returned fees. Employers seeking to file new H-2B petitions with a start date on or after October 1, 2022 and before April 1, 2022 can do so now.

USCIS will also continue to accept H-2B petitions for workers that are exempt from the congressionally mandated cap, including petitions for current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment; fish roe processors, fish roe technicians, or supervisors of fish roe processing; and workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam from November 28, 2009, until December 31, 2029.

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

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

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.