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 .
What Happens After Reaching the Cap
Except as noted below, we will reject new H-2B petitions received after January 10, 2017 that request an employment start date before.
Petitions That Are Exempt from the Cap
We 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 , in the Commonwealth of Northern Mariana Islands and/or Guam.