USCIS has announced that it has received a sufficient number of petitions to reach
the congressionally mandated H-2B cap for the first six months of Fiscal Year
2007. USCIS has notified the public that November 28, 2006 is the “final
receipt date” for new H-2B worker petitions requesting employment start
dates prior to April 1, 2007. The “final receipt date” is the date
on which USCIS determines that it has received enough cap-subject petitions to
reach the limit of 33,000 H-2B workers for the first half of FY 2007.
A computer-generated random selection process will be applied to all petitions
which are subject to the cap and were received by USCIS on November 28, 2006.
This process will select the number of petitions needed to meet the cap. All cap-subject
petitions not randomly selected and that arrive after November 28, 2006 will be
rejected. USCIS will accept petitions for new H-2B workers seeking employment
start dates on or after April 1, 2007 that arrive after the "final receipt
date" only if such petitions are supported by a valid temporary labor certification.
Petitions for workers who are currently in H-2B status and returning H-2B workers
do not count towards the congressionally mandated bi-annual H-2B cap. “Returning
workers” are exempt from H-2B cap limitations. In order to qualify, 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 continue to process petitions filed to:
- Extend the stay of a current H-2B worker in the United States;
- Change the terms of employment for current H-2B workers and extend their
- Allow current H-2B workers to change or add employers and extend their stay;
- Request eligible H-2B “returning workers”.