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One-Time Increase in H-2B Nonimmigrant Visas for FY 2017
ALERT: After Sept. 15, USCIS is no longer accepting petitions filed under this rule. USCIS will reject any petitions received after Sept. 15. Petitions not approved before Oct. 1, will be denied and any fees will not be refunded. With the close of the petition period on Sept. 15, USCIS has tabulated that it has received a total request of 13,534 workers. Additional data is available in the “Transparency for U.S. Workers” section on the Immigration and Citizenship Data page.
USCIS will consider petitions requesting an employment start date on or after Oct. 1, towards the FY 2018 cap. These petitions will be subject to all eligibility requirements for FY 2018 H-2B cap filings.
On July 19, 2017, the Departments of Homeland Security and Labor published a final rule increasing the numerical limit (“cap”) on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017. These visas are available only to American businesses which attest that they will likely suffer irreparable harm without the ability to employ all the H-2B workers requested in their petition.
This is a one-time increase based on a time-limited statutory authority. It does not affect the H-2B program in future fiscal years. It will expire at the end of the day on Sept. 30, 2017.
Secretary Kelly’s decision to increase the cap was determined in accordance with Section 543 of the FY 2017 Consolidated Appropriations Act (“FY 2017 Omnibus”). Congress delegated its authority to Secretary Kelly to set a numerical cap for the remainder of the fiscal year. Secretary Kelly considered the needs of American businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program.