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H-2B Cap Reached for Second Half of FY 2009

Murali Bashyam
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U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2009 (FY2009).  USCIS says that Jan. 7, 2009 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2009.  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 second half of FY2009.

USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009 that arrive after Jan. 7, 2009.

Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual 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; or
  • Allow current H-2B workers to change or add employers and extend their stay.

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