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Cap Reached for Remaining H-2B Visas for Returning Workers for FY 2021

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USCIS has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. They will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, along with any accompanying fees.

USCIS began accepting additional H-2B petitions for returning workers on July 23 for the remaining visas initially allocated as part of the Biden-Harris administration’s broader efforts to expand legal pathways for protection and opportunity for workers from El Salvador, Guatemala and Honduras.

USCIS will continue to accept H-2B petitions for workers that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
  • Fish roe processors, fish roe technicians, or supervisors of fish roe processing; and

They are also currently accepting cap-subject petitions for the first half of FY 2022 for employment start dates on or after Oct. 1, 2021 and before April 1, 2022.

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