USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for fiscal year (FY) 2017. March 13, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
What Happens After Reaching the Cap
Temporary Non-Agricultural Employment of H-2B Aliens in the United States. The Department has placed on the table for publication in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary employment of H-2B foreign workers in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2B program, codified at 29 CFR Part 503. The new regulations will be published in the Federal Register on February 21, 2012, and will go into effect on April 23, 2012.
Wage and Hour Division (WHD)
WHD H-2B Side-by-Side Comparison of the 2009 and 2012 Rules
February, 2012
The Department of Labor is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal nonagricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H–2B status.
This Final Rule is effective April 23, 2012.