H-2B Cap Met for Second Half of Fiscal Year 2024

Quick Hits

• The H-2B quota has been reached for cap-subject petitions with employment start dates from April 1, 2024, through September 30, 2024.
• Cap-subject petitions received after March 7, 2024, will be rejected.

USCIS will continue to accept H-2B petitions that are exempt from the cap, the agency stated in its announcement. These include workers

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

Supplemental H-2B Visas

USCIS also announced filing start dates for the supplemental H-2B visas that remain available for the second half of FY 2024.

Northern Triangle Workers

For companies looking to hire nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (even if they are not returning workers), on March 22, 2024, USCIS will start accepting petitions seeking an employment start date from April 1, 2024, to September 30, 2024.

Returning Workers From April 1 to May 14, 2024

On March 22, 2024, USCIS will start accepting petitions for 19,000 visas made available to returning workers.

Returning Workers From May 15 to September 30, 2024

On April 22, 2024, USCIS will start accepting petitions for 5,000 visas made available to returning workers.

Looking Ahead

After September 16, 2024, or after the applicable cap has been reached—whichever occurs first—USCIS will no longer accept petitions.

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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