Each year, Congress sets a mandated cap on the number of H-2B visas that are granted each fiscal year. Currently, the H-2B cap is set at 66,000 per fiscal year, divided evenly in each half of the year. The first half of the fiscal year is from October 1 through March 31, with the second half being from April 1 through September 30.

December 15, 2017, was the last day that any individuals who wished to start working on an H-2B visa before April 1, 2018, could submit petitions. The congressionally mandated cap of 33,000 petitions for the first half of FY 2018 has been reached and therefore, only individuals who wish to start employment in the second half of 2018 can submit petitions.

It is important to note that there are some exemptions to the congressional cap that will still allow individuals to submit their petitions for the first half of FY 2018. These exemptions include petitions for:

  • Current H-2B employees within the United States who wish to either extend their stay in the U.S., change their employers, or change the terms of their employment
  • Individuals who work in labor or services industries in Guam or the Commonwealth of Northern Mariana Islands between November 28, 2009, and December 31, 2019
  • Individuals who are petitioning to work as fish roe processors, technicians, or supervisors of fish roe processing

If you have questions about the H-2B visa process within the United States, contact our firm today.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.