United States H-2B quota reached for first half of FY-2009

01 August 2008

United States Citizenship and Immigration Services (USCIS) announced on 30 July 2008 that it has received enough applications to meet the H-2B cap of 33,000 visas for fiscal year 2009.

The H-2B visa program allows U.S. employers to hire temporary workers on a seasonal, intermittent, one-time, or "peak-load" basis in non-agricultural employment. The employer must be able to prove that a U.S. citizen could not be found to do the work.

As of 29 July 2008, the so-called "final receipt date", USCIS will reject H-2B applications from employers wishing to hire foreign workers with employment start dates prior to 01 April 2009.

A computer-generated random selection process will determine which applications will be selected to meet the quota of 33,000 H-2B visas. Applications not selected will have their filing fee returned.

People already working in the U.S. under the H-2B program are not subject to the cap. USCIS will continue to process paperwork for H-2B workers filing for an extension, changing the terms of their employment, or changing their employer.

The H-2B program has a bi-annual cap -- another 33,000 H-2B visas will become available for the second half of fiscal year 2009.