USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status for the first half of fiscal year (FY) 2015. Jan. 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date prior to April 1, 2015.
What Happens Now
- USCIS will reject new cap-subject H-2B petitions that were received after January 26, 2015, and that request an employment start date prior to April 1, 2015.
- No cap numbers from the first half of FY 2015 will be available in the second half of FY 2015, which begins April 1, 2015.
USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap.