USCIS Reaches H-2B Cap - January 17, 2005

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USCIS Reaches H-2B Cap

U.S. Citizenship and Immigration Services (USCIS) announced recently that it has received enough H-2B petitions to meet this year’s congressionally mandated cap of 66,000 new workers. After January 3, 2005, USCIS will not accept any new H-2B petitions subject to the FY 2005 annual cap.

USCIS will follow the procedures set forth in the notice published on March 16, 2004, in the Federal Register at 69 FR 12340 to address the cap reached during FY 2004. For the remainder of FY 2005, USICS will use the following procedure:

USCIS will process all petitions received by the end of business on January 3, 2005.
USCIS will return all petitions subject to the annual cap (along with the filing fee and, if applicable, the premium processing fee) that were filed after the end of business on January 3, 2005.
Petitioners may re-submit or file new petitions when they have received labor certification approval for work to start on or after October 1, 2005.

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