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USCIS Reaches H-2B Cap for First Half of Fiscal Year 2009 - (7/31/2008)
What is the H-2B numerical limit set by Congress?
The H-2B numerical limit set by Congress per fiscal year is 66,000. USCIS notes that, as of June 18, 2008, Congress has not amended the "returning worker" provisions of the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) to cover FY 2009 (before October 1, 2007, if a petition was approved only for the purpose of extending an alien's stay in H-2B status, or only for change or addition of employers or a change in the terms of employment, the worker was not counted against the numerical limit at that time). An alien who changes non-immigrant status to H-2B is counted against the annual H-2B cap.
Cap
Beneficiaries Approved
Beneficiaries Pending
Beneficiaries Target 1
Total
Date of Last Count
H-2B 1st Half
33,000
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Cap Reached
7/29/2008
H-2B
2nd Half
33,000 2
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H-2B Annual (FY 09)
66,000 3
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1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
2 A shortfall in the 1st half would be made up in the 2nd half.
3 Visas issued plus beneficiaries changing status already in the United States.
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