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.
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.
Explore more at Fragomen
Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.
Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.
Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.
Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.
Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.
Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.
Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.
Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.
Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.
Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.
Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.
Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.
Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.
Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.
Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.
Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.
Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.
Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.
Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.
Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.
Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.
Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.