H-2B Cap for First Half of FY2009 Reached

On July 30, 2008, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the H-2B cap for the first half of Fiscal Year 2009 (FY2009).  According to the USCIS, all petitions for new H-2B workers seeking an employment start dates before April 1, 2009 that arrive after July 29, 2008 will be rejected.  All new H-2B petitions received by the USCIS on July 29, 2008 will be subject to a computer generated random selection process.

The USCIS will continue to accept and adjudicate H-2B petitions that are not subject to the cap.  These include petitions requesting an extension of H-2B status, change in the terms of current H-2B employment, and change or addition of H-2B employers.

The first half of FY 2009 is from October 1, 2008 through March 31, 2009.  The second half of FY 2009 runs from April 1, 2009 through September 30, 2009.  In each half, there are 33,000 new H-2B visas available.
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