On March 16th, USCIS reached the congressionally mandated 33,000 H-2B cap for the first half of 2016.
With exceptions, USCIS will reject anymore petitions received with an employment start date before April 1, 2016.
USCIS will continue to accept petitions exempt from the cap, which include:
- “returning workers” who were previously counted against the H-2B cap during FY2013, 2014, or 2015;
- current H-2B workers in the US petitioning to extend their stay, and if applicable, change the terms of their employment or change their employer;
- fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
- workers performing labor or services from 11/28/09 – 12/31/19 in the Commonwealth of Northern Mariana Islands and/or Guam.