As Aug. 13, 2021, the USCIS has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. We will reject and return any cap-subject petitions for H-2B returning workers received after Aug. 13, together with any accompanying fees.
As previously announced, we began accepting additional H-2B petitions for returning workers on July 23 for the few remaining visas initially allocated as part of the Biden-Harris administration’s broader efforts to expand legal pathways for protection and opportunity for workers from the Northern Triangle countries (El Salvador, Guatemala and Honduras). USCIS received requests for a significant number of Northern Triangle workers – nearly enough to reach the 6,000 allocation – and the administration remains committed to expanding these legal pathways.
We will continue to accept H-2B petitions for workers that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, fish roe technicians, or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam from Nov. 28, 2009, until Dec. 31, 2029.
We are also currently accepting cap-subject petitions for the first half of FY 2022 for employment start dates on or after Oct. 1, 2021 and before April 1, 2022.
Additional information on the FY 2021 supplemental visas is available on the Temporary Increase in Nonimmigrant H-2B Visas for FY 2021 page.
This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033, text us using our chat box, or complete our contact form.