USCIS Announces Filing Updates for FY 2023 H-2B Supplemental Cap Petitions

USCIS announced filing updates for petitioners who will request additional H-2B workers for FY2023 under the upcoming temporary final rule.

  • Petitioners requesting additional H-2B workers under the upcoming rule must file their petitions at the California Service Center. Petitions filed under the supplemental allocations in this rule at any location other than the California Service Center will be rejected and the filing fees will be returned.
  • Immediately upon publication of the upcoming rule, USCIS will temporarily suspend premium processing for H-2B supplemental cap petitions.
  • Until premium processing resumes for H-2B supplemental cap petitions on January 3, 2023, USCIS will reject any Form I-907 concurrently filed with Form I-129 filed under the supplemental allocations in the upcoming rule.
Erickson Insights

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.