Industry News

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Mar 26, 2007, 13:34

USCIS REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2007. U.S Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the final six months of fiscal year 2007 (FY 2007). USCIS is notifying the public that March 16, 2007 is the 'final receipt date' for new H-2B worker petitions requesting employment start dates prior to October 1, 2007. The 'final receipt date' is the date on which USCIS determines that it was received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2007.

The Cap was reached with existing totals received for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2007 that arrive after March 16, 2007.

Petitions for both current and returning H-2B workers do not county towards the congressionally mandated bi-annual H-2B cap. "Returning workers" are exempt from H-2B cap limitations. In order 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. Any worker not certified as a 'returning worker' is subject to the numerical limitations for the relevant fiscal year. USCIS will reject petitions received after the 'final receipt date' which contain a combination of 'returning workers' and workers subject to the H-2B cap. Petitioning employers will receive partial approvals for those aliens who qualify as 'returning workers' if otherwise approvable.

USCIS will continue to process petitions filed to: