H-2B Visa worker lady cleaning hotel rooms
H-2B Visa worker lady cleaning hotel rooms

Days ago, U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated cap for H-2B worker visa petitions has been reached for fiscal year 2015.

Currently, the cap for H-2B worker visa petitions is set at 66,000, and according to USCIS, the final date on which these petitions were reportedly accepted was March 25, 2015 (for an employment start date of October 1, 2015).

This means that USCIS will reject any new H-2B worker visa petitions that are requesting employment start dates prior to October 1, 2015 and/or that have been received after March 26th.

H-2B Worker Visa Cap: Exceptions

While USCIS has noted that the cap for these worker visa petitions has been met, it’s important to note that there are some exceptions to this cap. In particular, H-2B worker visa petitions submitted by (or on behalf of) any of the following parties will reportedly still be accepted by USCIS for review:

  • H-2B visa holders who have already been counted towards the cap for fiscal year 2015
  • H-2B visa holders who are applying for extensions of stay and/or who are seeking a change to their employment status (or employer)
  • H-2B visa holders who have been working in the Northern Mariana Islands and/or Guam since November 28, 2009
  • Workers in the fish roe processing industry.

H-2B Worker Visa Program Process

For those who have been excluded from the H-2B worker visa cap and/or who plan on submitting a petition for fiscal year 2016, here’s an overview of how to apply for this program:

  1. An employer should submit a temporary labor certification application to the U.S. Department of Labor.
  2. The employer should submit Form I-129 to USCIS.
  3. Prospective workers for this employer should then apply for an H-2B worker visa.

While you can get more info about the H-2B worker visa process by clicking here, don’t hesitate to contact the Hanlon Law Group when you need any assistance resolving visa or other immigration matters.

Los Angeles, California Immigration Lawyers at the Hanlon Law Group, P.C.

Do you need help securing a visa or resolving with any immigration issues? If so, you can turn to the Los Angeles immigration attorneys at the Hanlon Law Group, P.C. For more than 15 years, our lawyers have been successfully representing clients in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.

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