USCIS Reaches H-2B Cap for First Half of FY 2023

The USCIS announced that the H-2B visa cap for the first half of FY 2023 has been reached. Sept. 12, 2022 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. Any petitions received by USCIS after Sept. 12, 2022 that are requesting to start employment before April 1, 2023 will be rejected.

For every fiscal year, there is a cap on the total number of non-citizens who can be issued an H-2B visa. The current H-2B cap is set at 66,000 per fiscal year, with 33,000 for workers who begin employment during the first half of the fiscal year (October 1 – March 21) and the second half of the fiscal year (April 1 – September 30). 

When the H-2B cap is reached, USCIS will only accept petitions for workers exempt from the cap. Typically, those who are exempt from the cap include workers already in H-2B status who extend their stay, change employers, or change the terms and conditions of their employment. 

What is the H-2B Visa Program?

The H-2B visa is a program that allows US employers to bring foreign nationals to the US to fill temporary nonagricultural jobs. To do so, the employer files a Form I-129, Petition for a Nonimmigrant Worker on that worker’s behalf.

For more information regarding the H-2B visa program, see here.