U.S. Citizenship and Immigration Services (USCIS) reports that as of September 12, 2022, the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2023 has been reached.
September 12, 2022 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. The final receipt date is when USCIS received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY 2023. This means that no cap numbers from the first half of FY 2023 will carry over to the second half of FY 2023, which begins on April 1, 2023.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap.
The cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
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