H-2B Cap Met for Fiscal Year 2015 | Practical Law

H-2B Cap Met for Fiscal Year 2015 | Practical Law

United States Citizenship and Immigration Services (USCIS) announced that the H-2B worker visa cap of 66,000 for fiscal year 2015 was met on March 26, 2015. USCIS will reject any new petitions received after that date.

H-2B Cap Met for Fiscal Year 2015

Practical Law Legal Update 1-607-8105 (Approx. 3 pages)

H-2B Cap Met for Fiscal Year 2015

by Practical Law Labor & Employment
Published on 06 Apr 2015 • USA (National/Federal)
United States Citizenship and Immigration Services (USCIS) announced that the H-2B worker visa cap of 66,000 for fiscal year 2015 was met on March 26, 2015. USCIS will reject any new petitions received after that date.
On April 2, 2015, United States Citizenship and Immigration Services (USCIS) announced that the 2015 fiscal year cap of 66,000 H-2B nonimmigrant visas was met on March 26, 2015. USCIS will reject any cap-subject petitions received after that date that request a start date before October 1, 2015. Employers may file H-2B petitions up to 120 days before the employment start date.
The DOL's processing of prevailing wage and labor certification applications for the H-2B visa program is subject to an injunction that is currently stayed, but will resume on April 16, 2015. For more information, see Legal Update, H-2B Processing Resumes Temporarily While New Joint USCIS-DOL Rule Is Developed.
USCIS continues to accept H-2B petitions that are exempt from the cap, including petitions for:
  • H-2B workers who have been previously counted towards the cap in fiscal year 2015.
  • Extension of stay for current H-2B workers.
  • Change of employer or terms of employment for current H-2B workers.
  • Fish roe processors, fish roe technicians or supervisors of fish roe processing.
  • H-2B workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam.
Cap-exempt petitions may only be accepted as long as they are accompanied by a valid labor certification, and processing may be halted while the injunction is in place and USCIS and the DOL promulgate a new rule. For more information, see the USCIS website and DOL website for H-2B processing.