The USCIS has received enough petitions to meet the H-2B cap for the second half of fiscal year (FY) 2023 and announced the filing dates for supplemental H-2B visas for the remainder of FY 2023 made available under the FY 2023 H-2B supplemental visa temporary final rule.
H-2B Cap for the Second Half of FY 2023
- February 27, 2023, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2023, and before October 1, 2023. USCIS will reject new cap-subject H-2B petitions received after February 27, 2023, that request an employment start date on or after April 1, 2023, and before October 1, 2023.
- USCIS received a surplus of petitions for the total remaining H-2B visas available. As a result, USCIS used a computer-generated selection process on March 1, 2023.
USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap:
- Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until December 31, 2029).
Filing Dates for Second Half of FY 2023 Supplemental Visas
The Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule on December 15, 2022, increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2023. These supplemental visas are available only to U.S. businesses suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.
Below are the filing start dates for each of the remaining supplemental visa allocations under the temporary final rule:
- For employers seeking nationals of El Salvador, Guatemala, Honduras, and Haiti: USCIS will begin accepting petitions for employers requesting an employment start date from April 1, 2023, to September 30, 2023, on March 14, 2023.
- For employers seeking workers for the early second half of FY 2023 (April 1 to May 14): USCIS will begin accepting petitions for the additional 16,500 visas made available to returning workers regardless of country of nationality on March 14, 2023.
- For employers seeking workers for the late second half of FY 2023 (May 15 to September 30): USCIS will begin accepting petitions for the additional 10,000 visas made available to returning workers regardless of country of nationality on April 13, 2023.
Erickson Insights
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.