How We Determine the Final Receipt Date
The final receipt date is when we have received enough cap-subject petitions to reach the statutory limit of 33,000 H-2B workers for the first half of FY 2014. There will not be any carry over spots from the first half to the second half of FY 2014.
What Happens After Reaching the Cap
USCIS will reject new H-2B petitions that:
- Request an employment start date before April 1, 2014; and
- Were received after March 14, 2014.
USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
- Current H-2B workers in the U.S. petitioning to extend their stays 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 (from November 28, 2009 until December 31, 2014).