On March 2, 2023 the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the legally mandated H-2B numerical limit for the second half of FY 2023 (April 1, 2023-September 30, 2023) and it will reject all new cap-subject H-2B petitions received after February 27, 2023 that request an employment start date on or after April 1, 2023, and before October 1, 2023.To learn more about how to get an H-2B employee, visit our H-2B visa program, H-2B requirements.
Demand for H-2Bs was so strong that USCIS had to use a computer-generated selection process to ensure the fair allocation of H-2B visas, without exceeding the FY 2023 limit. On March 1, 2023, USCIS randomly selected petitions from those received on Feb. 27, 2023, using the computer-generated process.
USCIS also reiterated that it continues to accept H-2B petitions that are exempt from the numerical limit of 33,000 per fiscal year half as set by Congress. This includes petitions for:
- Current H-2B workers in the United States who wish to extend their H-2B status and change their employers.
- Fish roe processors, fish roe technicians and/or supervisors of fish roe processing.
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam.
Filing Dates for Second Half of FY 2023 Supplemental Visas
Late last year USCIS also announced an additional 65,000 visas for FY 2023 that are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition. The 65,000 visas are available for returning workers (those who held H-2B in the past 3 years), workers from El Salvador, Guatemala, Honduras, and Haiti
Below are the filing start dates for each of the remaining supplemental visas:
- For employers seeking workers from El Salvador, Guatemala, Honduras, and Haiti, USCIS will begin accepting petitions on March 14, 2023 for H2 FY 2023.
- For employers seeking returning workers for the early period of H2 FY 2023 (April 1 to May 14): USCIS will begin accepting petitions on March 14, 2023. There are 16,500 visas available to returning workers for the period.
- For employers seeking workers for the later period of H2 FY 2023, from May 15 to September 30 2023, USCIS will begin accepting petitions on April 13, 2023. There are additional 10,000 visas available to returning workers for the later period of H2 FY 2023.
If you are a US employer seeking to employ workers under the H-2B program, contact us or book a consultation with our H-2B visa attorneys.
Malescu Law P.A. – Business & Immigration Lawyers
