Mark A Ivener, A Law Corporation

USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2009


U.S. Citizenship and Immigration Services (USCIS) announced on January 7, 2009, that it had received a sufficient number of petitions to reach the congressionally mandated H-2B cap of 33,000 for the second half of fiscal year 2009, for new H-2B worker petitions requesting employment start dates before October 1, 2009.

If deemed necessary, USCIS said it may apply a computer-generated random selection process to all petitions that are subject to the cap and received on January 7, 2009. USCIS will reject, and return the fee, for all cap-subject petitions not selected.

Petitions for workers who are currently in H-2B status do not count toward the biannual H-2B cap. USCIS will continue to process petitions filed to extend the stay of a current H-2B worker in the U.S.; change the terms of employment for current H-2B workers and extend their stay; or allow current H-2B workers to change or add employers and extend their stay.

The H-2B notice (PDF)

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About the Author

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

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