Each year, there is a congressionally mandated cap for H-2B visa workers. December 15, 2017, was the final date for new H-2B worker petitions that want an employment start date prior to April 1, 2018 to submit their forms. Any submissions after December 15 will not have an employment start date before April 1, 2018. It is important to note that there are a few exemptions when it comes to the H-2B cap. Some H-2B visas that are still being accepted for employment dates prior to April 1, 2018, include the following:
- H-2B workers in labor or services in Guam or the Commonwealth of Northern Mariana Islands between November 28, 2009, and December 31, 2019.
- Current H-2B workers that wish to extend their stay in the United States and/or change the terms of their employment or change their employers
- H-2B workers who are employed as fish roe processors, fish roe technicians and/or supervisors of fish roe processing jobs
It is important to note that in the first half of the fiscal year 2018, which goes from October 1, 2017, through March 31, 2018, only accepts 33,000 visas. The second half of the fiscal year, from April 1, 2018, through September 30, 2018, will accept an additional 33,000 H-2B petitions, totaling in the congressionally mandated cap of 66,000 petitions. Any petitions submitted and accepted at this time will have employment start dates of after April 1, 2018.
If you have any questions regarding H-2B petitions, contact our firm today.
If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance.