USCIS: H-2B cap met for first half of FY 2025

September 18 was set because the “last receipt date” for receiving the congressionally mandated cap of H-2B employee petitions for the primary half of fiscal 12 months 2025. USCIS will not be accepting every other H-2B employee petitions requesting employment begin dates earlier than April 1, 2025. The official USCIS web site particulars that Congress has set the H-2B cap at 66,000 per fiscal 12 months, with 33,000 for staff who start their jobs within the first half of the fiscal 12 months (October 1 – March 31) and the remaining 50% for staff whose employment begins within the second half (April 1 – September 30).

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Worker exempt from congressionally mandated H-2B cap

However, the official discover additionally revealed that some staff within the United States who fall beneath the H-2B standing are exempt from the H-2B Cap. Therefore, all these noncitizen staff on this standing who prolong their keep, swap employers or change the phrases and situations of employment should not restricted to the congressionally mandated restrict.

Additionally, H-2B staff who have been beforehand included in opposition to the cap in the identical fiscal 12 months that the employment commences won’t be topic to the cap if the employer names them on the petition and clearly mentions that they’ve already been counted. H-2B staff’ partner and kids, who’re categorised as H-4 nonimmigrants, additionally do not rely in opposition to this cover.

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Moreover, petitions for fish roe processors, fish roe technicians, or supervisors of fish roe processing; and staff performing labour or providers within the Commonwealth of the Northern Mariana Islands or Guam till Dec. 31, 2029, are exempt from the H-2B statutory numerical restrict.