New Filing Updates for 2023 H-2B Supplemental Cap Petitions

The USCIS has announced a new update that is important for petitioners who are filing for additional H-2B workers for fiscal year 2023. This is specifically for petitioners who are looking to take advantage of the additional 65,000 H-2B cap visas for FY 2023.

On October 12, 2022, the DHS and DOL announced that 64,716 additional H-2B temporary nonagricultural worker visas for FY 2023 would be made available for employers. This is in addition to the yearly available amount of 66,000 visas.

The following are the updates to take note of for petitioners who are preparing filings for additional H-2B visas.

Centralized Filing at California Service Center

Petitioners who are requesting additional H-2B workers from the additional visas added under the upcoming rule must file their petitions at the California Service Center. All filings will be centralized there in order to better manage the additional workload.

This will not affect petitions filed under permanent H-2B regulations, only those which are filed under the supplement allocations.

Note

Any petitions filed under the supplemental allocations in this rule at any location other than the California Service Center will be rejected and fees will be refunded.

Temporary Suspension of Premium Processing

In order to ensure that the additional visas are processed in a timely manner, the USCIS will be temporarily suspending premium processing for H-2B supplemental cap petitions immediately following publication of the upcoming rule. 

Premium processing for H-2B supplemental cap petitions will resume on January 3, 2023. Any Form I-907 filed with a Form I-129 under the supplemental allocations prior to this date will be rejected. 

Petitioners that are filing H-2B supplemental cap petitions will be allowed to upgrade to premium processing once it resumes on January 3, 2023 by filing a Form I-907. This should only be done after receiving a receipt notice – be sure to include the receipt number in the H-2B petition.

Premium processing will remain available for all other H-2B petitions.

For more information regarding the H-2B program, visit the Department of Labor website.

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