Mark A Ivener, A Law Corporation

H-2B Cap Reached for First Half of FY 2007

U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-2B petitions to reach the cap for the first six months of fiscal year (FY) 2007. USCIS will reject new petitions for H-2B workers seeking employment start dates before April 1, 2007. The agency will continue to accept petitions for new H-2B workers seeking employment start dates on or after April 1, 2007, only if such petitions are supported by a valid temporary labor certification.

Petitions for workers currently in H-2B status and returning H-2B workers do not count toward the H-2B cap. To qualify as a returning worker, the worker must have counted against the H-2B numerical cap between October 1, 2003, and September 30, 2006. Petitions received after the “final receipt date” (November 28, 2006) that contain a combination of returning workers and workers subject to the cap will be rejected with respect to the non-returning workers.

USCIS will continue to process petitions filed to extend the stay of a current H-2B worker; change the terms of employment for a current H-2B worker; allow a current H-2B worker to change or add an employer; and request eligible H-2B returning workers.
The notice is available at

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.