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H2B Visa Cap Count as of July 23, 2010

By Bill at July 29, 2010 01:34
Filed Under: Immigration News

USCIS released following H2B Visa Count on July 27, 2010:

 Cap Type

  Cap Amount 

 Beneficiaries Approved 

 Beneficiaries Pending

 Beneficiaries Target 1 

 Total 

 Date of Last Count

H-2B 1st Half 

33,000 

41,108

0

47,000 

 41,108

4/9/10

H-2B
2nd Half  

33,000 2

28,760

1,880

47,000 

30,640

7/23/10

 

1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.
2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.


The H-2B Program

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under “H-2B Temporary Non-Agricultural Workers.”

What is the H-2B Cap?

There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.   Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.  There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Persons who are exempt from the H-2B cap


Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap.  Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.   Additionally petitions for the following types of workers are exempt the H-2B cap

  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
  • From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

Fiscal Year 2010 Cap Count for H-2B Nonimmigrants

By Bill at July 22, 2010 18:14
Filed Under: Immigration News

USCIS announced on July 22, 2010 that they 30,154 have received H-2B petitions for fiscal year 2010: Beneficiaries Approved: 28,539, Beneficiaries Pending: 1,615, Total Count: 30,154

 Cap Type

  Cap Amount 

 Beneficiaries Approved 

 Beneficiaries Pending

 Beneficiaries Target 1 

 Total 

 Date of Last Count

H-2B 1st Half 

33,000 

41,108

0

47,000 

 41,108

4/9/10

H-2B
2nd Half  

33,000 2

28,539

1,615

47,000 

30,154

7/16/10


 
1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.  This number will always be higher than the actual cap.
2 As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year.  In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year. 

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