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USCIS Reaches H2B Cap For Second Half of FY 2007
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U.S. Citizenship and Immigration Services (USCIS) has 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). The USCIS has notified 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 expects that it would have received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2007.

Petitions for both current 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 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. Petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable.

USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2007 that arrive after March 16, 2007 and petitions for both current and returning H-2B workers received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap.

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 stay;

  • Allow current H-2B workers to change or add employers and extend their stay; or

  • Request eligible H-2B “returning workers.”


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