October 1, 2007
Contact: Office of
Contact: Office of
Communications
202-272-1200
USCIS REACHES H-2B CAP FOR FIRST HALF OF FY2008WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that it
has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for
the first half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that September
27, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start
dates prior to April 1, 2008. 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
first six months of FY2008.
Under current law, a “returning worker” who was counted toward the H-2B numerical limit
during FY2004, FY2005 or FY2006, was exempt from being counted against the FY2007 H-2B
cap. As of today, Congress has not reauthorized or extended the “returning worker” provisions
for FY2008. Absent such reauthorization or extension, USCIS must count all petitions requesting
H-2B workers for new employment with an employment start date of October 1, 2007 or later
toward the FY2008 H-2B cap.
USCIS will apply a computer-generated random selection process to all petitions which are
subject to the cap and were received on September 27, 2007. USCIS will use this process to
select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for
all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B
workers seeking employment start dates prior to April 1, 2008 that are received after September
27, 2007.
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.
More information about the H-2B work program is available at www.uscis.gov or by calling the
National Customer Service Center at 1-800-375-5283.
has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for
the first half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that September
27, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start
dates prior to April 1, 2008. 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
first six months of FY2008.
Under current law, a “returning worker” who was counted toward the H-2B numerical limit
during FY2004, FY2005 or FY2006, was exempt from being counted against the FY2007 H-2B
cap. As of today, Congress has not reauthorized or extended the “returning worker” provisions
for FY2008. Absent such reauthorization or extension, USCIS must count all petitions requesting
H-2B workers for new employment with an employment start date of October 1, 2007 or later
toward the FY2008 H-2B cap.
USCIS will apply a computer-generated random selection process to all petitions which are
subject to the cap and were received on September 27, 2007. USCIS will use this process to
select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for
all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B
workers seeking employment start dates prior to April 1, 2008 that are received after September
27, 2007.
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.
More information about the H-2B work program is available at www.uscis.gov or by calling the
National Customer Service Center at 1-800-375-5283.
– USCIS –
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