Important Updates
Important Updates
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
October 14, 2025 | ColombiaColombia: New Application Fee Implemented for 30-Day Permit to Develop Other Activities
October 14, 2025 | United KingdomGlobal Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups
October 13, 2025 | Belgium, European UnionThe New York Times: Visiting the European Union? Expect to Give Your Biometric Data.
October 13, 2025 | United Arab EmiratesThe Times: Bye bye, Dubai: why families are heading for Abu Dhabi
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
October 14, 2025 | ColombiaColombia: New Application Fee Implemented for 30-Day Permit to Develop Other Activities
October 14, 2025 | United KingdomGlobal Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups
October 13, 2025 | Belgium, European UnionThe New York Times: Visiting the European Union? Expect to Give Your Biometric Data.
October 13, 2025 | United Arab EmiratesThe Times: Bye bye, Dubai: why families are heading for Abu Dhabi
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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 RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

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.