DHS to Conduct Lottery for Additional FY 2018 H-2B Visas

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At a glance

• The quota of 15,000 for the FY 2018 supplemental cap was exceeded in the first five business days of the designated filing period.
• In the coming days, USCIS will conduct a computerized lottery to choose enough H-2B petitions to result in 15,000 approvals.

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A closer look

USCIS has announced that the limit has been met for the one-time increase of 15,000 H-2B visas in fiscal year (FY) 2018 above the 66,000 annual cap. The agency should continue to accept cap filings through today but will reject any cap-subject cases received June 7 or later.

Since May 31, 2018, employers have submitted more than enough petitions to meet the quota of 15,000 additional H-2B cap numbers allowed by a temporary final rule increasing the H-2B cap through FY 2018. The numbers were made available to employers who could demonstrate that their business would be at risk of failing without additional temporary non-agricultural workers, among other requirements.

In the coming days, USCIS will run a lottery of all H-2B cap-subject petitions which the agency received between May 31, 2018 and June 6, 2018.

Employers whose petitions are selected for processing should begin to receive filing receipts within weeks after the lotteries are run. USCIS will begin premium processing for H-2B cap cases once receipting is complete.

Cases not selected in the lottery will be returned to petitioners with their filing fees, but the timing of returns is not yet known. 

Further cap-subject filings will not be permitted until cap numbers for FY 2019 become available. The agency will continue to accept petitions that are not subject to the cap, including extensions, changes of employer, and amendments.

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