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U.S. Citizenship and Immigration Services (USCIS) recently announced that as of October 11, 2023, the H-2B cap for nonagricultural workers had been reached for the first half of fiscal year 2024.

Quick Hits

  • USCIS announced that the H-2B cap for nonagricultural workers had been reached for the first half of FY 2024.
  • H-2B-exempt categories cover current H-2B workers already in the United States who extend their stay, fish roe-processing–related occupations, and workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam.

Several categories of H-2Bs are exempt from the H-2B cap. Specifically:

  • Workers already physically present in the United States in H-2B status;
  • Fish roe processing–related occupations; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.

Applications for workers in these three areas will continue to be accepted. USCIS will continue to accept cap-subject H-2B applications requesting a start date of April 1, 2024, or later.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.

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Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

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