The U.S. Citizenship and Immigration Services (USCIS) announced that as of 16 December 2005, the office received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first six months of FY2006.   Therefore, 15 December 2005, is the “final receipt date” for new H-2B work petitions.  The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY2006.

USCIS will continue to accept petitions for new H-2B workers seeking employment start dates on or after April 1, 2006 that arrive after the “final receipt date” only if such petitions are supported by a valid temporary labor certification.   Petitions for both current and returning H-2B workers do not count towards the congressionally mandated bi-annual H-2B cap.  Returning works are exempted from H-2B cap limitations.  USCIS will continue to process petitions filed to extend the stay of current H-2B worker in the United States; change the terms of employment for current H-2B workers and extend their stay; allow current H-2B workers to change or add employers and extend their stay; or request eligible H-2B “returning workers”.

For more information about the H-2B work program, please contact Ms. Linda San Nicolas, ALPCD Administrator at 671-475-7081.