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U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2019. Feb. 19, 2019, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before Oct. 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Feb. 19 that request an employment start date before Oct. 1, 2019.

USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019.

As previously announced, USCIS began accepting H-2B petitions on May 8 under the temporary final rule increasing the cap by up to 30,000 additional H-2B nonimmigrant visas for returning workers through the end of FY 2019.

On July 3, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2B temporary non-agricultural worker program. As of July 3, employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically.

Updated rejection criteria includes time-sensitive H-2A visa classification

As previously announced, on August 5, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the form.

U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB) on Oct. 1, 2018. USCIS will take an incremental approach to implement this memo.

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019.

Dec. 6, 2018, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Dec. 6 that request an employment start date before April 1, 2019.

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019. The notice listing the eligible countries was published in the Federal Register on Jan. 18, 2019.

WASHINGTON— On Feb. 21, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B cap-subject petitions for the second half of fiscal year 2018.

During the first five business days USCIS received approximately 2,700 H-2B cap-subject petitions requesting approximately 47,000 workers, which is more than the number of H-2B visas available. As a result, USCIS, in accordance with applicable regulations, conducted a lottery on Feb. 28 to randomly select enough petitions to meet the cap. 

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.

As previously announced, USCIS began accepting H-2B petitions on May 31, 2018, under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018.

On May 31, 2018, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018.

Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:

USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first

USCIS and the U.S. Department of State (DOS) announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification. Beginning Wednesday, May 11, 2016, this new electronic process will allow USCIS to send approval information for H-2A petitions to DOS by the end of the next business day.

USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016. May 12, 2016 was the final receipt date for new H-2B worker petitions requesting an employment start date beforeOctober 1, 2016.

U.S. Citizenship and Immigration Services has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018.

Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after Dec. 15 that request an employment start date before April 1, 2018.

USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018. The notice listing the eligible countries was published on Jan. 18, 2018, in the Federal Register.

Beginning Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Form I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

These process changes apply only to H-2A petitions due to their highly time-sensitive nature. 

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