USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2017. January 10, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2017.

What Happens After Reaching the Cap

Except as noted below, USCIS will reject new H-2B petitions received after January 10, 2017 that request an employment start date before April 1, 2017.

Petitions That Are Exempt from the Cap

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and

Workers performing labor or services from November 28, 2009, until December 31, 2019, in the Commonwealth of Northern Mariana Islands and/or Guam.