In a significant development, the United States has reached the Congressionally-mandated cap on H-2B visas for the first half of the fiscal year 2024. The US Citizenship and Immigration Services (USCIS) announced that October 11, 2023, marked the final date for receiving new cap-subject H-2B visa worker’s petitions seeking an employment start date before April 1, 2024.
This news comes as a turning point in the recruitment of temporary non-agricultural workers, as any new petitions received after October 11, 2023, that request employment beginning before April 1, 2024, will be rejected.
But what does this mean for employers seeking seasonal or temporary labour? The immigration agency emphasizes that it will continue to accept H-2B petitions exempt from the congressionally mandated cap.
H-2B Visa Updates
This exemption covers several categories, including current H-2B visa workers in the US who plan to extend their stay, change employers, or modify the terms and conditions of their employment. Additionally, it includes workers in niche roles such as fish roe processors, fish roe technicians, and supervisors of fish roe processing. Notably, labour or services performed in the Commonwealth of Northern Mariana Islands and Guam from November 28, 2009, to December 31, 2029, also fall under the exemption.
H-2B visas have long been a crucial instrument for employers facing labour shortages in seasonal or temporary industries. These visas allow them to hire skilled or unskilled workers to bridge the workforce gap.
Currently, the H-2B cap stands at 66,000 per fiscal year, with a division of 33,000 for workers commencing employment in the first half of the fiscal year (October 1 to March 31), and another 33,000 for those starting employment in the second half of the fiscal year (April 1 to September 30).
It’s important to note that any unused visa numbers from the first half of the fiscal year become available for employers seeking H-2B workers in the latter half. However, these unused numbers do not roll over into the next fiscal year.
The impact of reaching the H-2B visa cap is substantial, especially for industries heavily reliant on seasonal labour. Employers who were unable to secure visas for their required workforce will need to reassess their labour strategies for the coming year.
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