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ARTICLE · 28 DECEMBER 2018

H-2B Visas In High Demand For Fiscal Year 2019

Ogletree, Deakins, Nash, Smoak & Stewart
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On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or "cap" on the number of petitions for temporary nonagricultural workers...

United StatesImmigration

On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or “cap” on the number of petitions for temporary nonagricultural workers “who may be issued H-2B visas or otherwise granted H-2B status” for the first half of fiscal year (FY) 2019, thus completing one of the briefest cap periods for the first half of the year in more than five years. In addition, USCIS announced that the total number of cap-subject H-2B petitions received exceeded the number of H-2B visas available, suggesting that demand for the temporary visa continues to grow.

To ensure a fair and orderly process of H-2B visa numbers, USCIS therefore “conducted a lottery on December 11, 2018, to randomly select petitions received on December 6. As a result, USCIS assigned all petitions selected in the lottery the receipt date of December 11. Premium processing service for petitions selected in the lottery also began on that date.”

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