FY 2009 H-2B Cap Reached on January 7, 2009

U.S. Citizenship and Immigration Services (USCIS) announced on January 7, 2009 that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2009. The USCIS notified the public that January 7, 2009 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2009. The “final receipt date” is the date on which the USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2009.

As such, the USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009 that arrive after January 7, 2009.

If deemed necessary, the USCIS may apply a computer-generated random selection process to all petitions that are subject to the cap an received on January 7, 2009 in order to select the number of petitions needed to meet the cap. The USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. The USCIS will continue to process petitions filed to:



  • Extend the stay of current H-2B workers in the United States;
  • Change the terms of employment for current H-2B workers and extend their stay; or
  • Allow current H-2B workers to change or add employers and extend their stay.

If you have questions about the H-2B work program or questions about any other immigration-related matter, call me at 616-233-9300 or email me at rfmirque@mirquelaw.com

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