H-2B CAP Limits

CAP Limits

The US Congress has established a legal limit, or "cap," to the number of H-2B visas that can be issued each fiscal year..  The total number of H-2B visas which are available each fiscal year is 66,000.  Half of this total allotment (33,000) is designated for workers who begin employment during the first half of the fiscal year (October - March), while the second half of this allotment (33,000) is designated for workers who begin employment during the second half of the fiscal year (April - September). 

On rare occasion, there may be some portion of the allocated H-2B visas during the first half of the fiscal year which remain unused.  In this unlikely event, these visas would be added to the allocation for workers beginning employment during the second half of the fiscal year.  For example, if only 25,000 H-2B visas are issued during the first half of the fiscal year, the additional 8,000 unused H-2B visas would be made available for use during the second half of the fiscal year.  However, any unused H-2B visas during the second half of the fiscal year will not be carried over to the following fiscal year.  The opportunity to utilize these visas will be lost.

Once the H-2B Cap has been reached no more H-2B visas will be issued until the next designated portion of the fiscal year.  However, when the H-2B visa "cap has been reached, this doesn't necessarily mean that employers must stop recruiting H-2B workers.  There are some very limited exemptions offered for workers to be hired in excess of the H-2B cap.  In cases where workers may be exempt from the H-2B cap, USCIS may accept petitions to consider for these workers for issuance of an H-2B visa.

Successfully achieving H-2B status is a lengthy and complicated process, which requires intimate knowledge of the application process and myriad requirements that must be satisfied.   That's why it’s a good idea to work with an experienced immigration attorney with a proven track record of helping employers successfully achieve H-2B status for their workers.

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