H-2B visa quota exhausted for the first half of fiscal year 2024, what now?

Highlights: USCIS reaches cap for H-2B returning workers in FY 2024

• USCIS has stated that the cap for H-2B returning workers has been reached.
• Petitions are still being accepted for 20,000 visas which are reserved for certain nationals.
• USCIS started accepting petitions for H-2B with start dates on or before March 31, 2024 for returning workers and for certain nationals.
• There is an alternative for petitioners whose workers were not accepted under the returning worker allocation.

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H-2B cap reached for returning workers

U.S. Citizenship and Immigration Services (USCIS) has received sufficient number of petitions and reached the cap for the additional 20,716 H-2B visas designated for returning workers for the first half of fiscal year 2024 with start dates on or before March 31, 2024.

January 9, 2024 was the deadline for submitting petitions seeking these additional H-2B visas under the FY 2024.

USCIS is accepting petitions for nationals of specific countries

While the cap for returning workers is filled, USCIS is accepting petitions for the separate allocation of 20,000 visas reserved for nationals of specific countries with start dates on or before March 31, 2024. This also includes those exempt from congressionally mandated cap.

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USCIS began accepting petitions for H-2B with start dates on or before March 31, 2024 

The FY 2024 Temporary Final Rule (TFR) was published on November 17, 2023, and took immediate effect. USCIS straight away began accepting petitions for H-2B with start dates on or before March 31, 2024 for 20,716 returning worker allocations in the first half of FY 2024 and the 20,000 allocation for nationals of El Salvador, Honduras, Guatemala, Colombia, Ecuador, Haiti, and Costa Rica who are also exempt from the returning worker requirement.

Petitioners have alternate option to file under country specific allocation

For petitioners with start dates on or before March 31, 2024, whose workers were not approved for the returning worker allocation, there is an alternative in which they are invited to file through the country specific allocation where visas are still available during that time.

As of January 12, 2024, USCIS has actively started processing applications for 4,500 laborers out of the 20,000 visas reserved for citizens of the specified countries.

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