March 3, 2004

H-2B Nonimmigrant Visas Close to Cap

The American Immigration Lawyers Association has reported that officials within USCIS are indicating that the 66,000 H-2B cap is nearly exhausted, and that cut-off of these types of filings may occur in the very near future. Earlier speculation was that the cap would be reached in April, but it now appears that it may be reached in early March.

The H-2B nonimmigrant program permits employers to hire foreign workers to come to the United States and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). Qualifying criteria for this visa category includes: the job and the employer's need must be one time, seasonal, peak load or intermittent; the job must be for less than one year; and there must be no qualified and willing U.S. workers available for the job.