April 7, 2006

H-2B Cap Reached on April 4, 2006 for Second Half of Fiscal Year 2006

In a press release dated April 6, 2006, USCIS announced April 4, 2006 as its "final receipt date" for the congressionally-mandated limit of 33,000 H-2B petitions, which are comprised of those new H-2B worker petitions requesting employment start dates prior to October 1, 2006. The limit of 33,000 cases of this type has been met for the last half of FY 2006.

Petitions received on April 4, 2006, will be subject to a computer-generated, random selection process designed to select from all petitions received that day the exact number needed in order to reach 33,000. USCIS will reject all cap-subject petitions not selected by this process.

Unless either the petitioner or the beneficiary qualifies for a separate cap exemption, USCIS will reject any H-2B petition requesting an employment start date prior to October 1, 2006 and received later than April 4, 2006. Petitions to extend status for current H-2B workers or for returning H-2B workers ("Returning workers") do not count towards the cap, along with petitions to change the terms of employment, to change employers, or to work concurrently in a second H-2B position. A "Returning worker" is an individual who has already been counted against the H-2B numerical cap between October 1, 2002 and September 30, 2005.

USCIS is continuing to process H-2B petitions for foreign nationals that are exempt from the general cap allocation. Foreign nationals exempt from the general cap include:

• Individuals who already hold H-2B status and are extending their existing status.
• Individuals who already hold H-2B status and are changing the terms of employment.
• Individuals who already hold H-2B status and are changing or adding employers.
• Individuals who are eligible as H-2B "Returning workers".