News Update - August 1, 2008
By Alan Lee, Esq.†‡
H-2B Worker Petitions Have Reached the Congressionally Mandated
Cap
U.S. Citizenship and Immigration Services (USCIS) has stated that
any H-2B worker petitions submitted after July 29, 2008 requesting
employment start dates prior to April 1, 2009 will be rejected.
As of July 30, 2008 USCIS has received enough petitions to reach
the congressionally mandated cap for the first half of Fiscal Year
2009. A random selection process will be used on the petitions which
were received on July 29, 2008, where some will be considered, and
others will be rejected and the fee returned.
This cap will not effect workers who already have H-2B status,
and USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United
States;
• Change the terms of employment for current H-2B workers
and extend their stay; or
• Allow current H-2B workers to change or add employers and
extend their stay.
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