H2B Cap Reached
Posted Mar 19, 2004

For the first time ever, the H2B cap of 66,000 seasonal, peak load or one-time need workers has been reached for fiscal year (FY) 2004. For those unfamiliar with this category, it is meant for temporary and seasonal nonagricultural workers. The USCIS announced that the H2B cap was met on March 9, 2004, and that it stopped accepting any additional petitions received after the close of business on that date. Petitioners may resubmit or file new petitions once they have H2B labor certification approval for work that will begin on or after the new fiscal year, which begins October 1, 2004. The H2B cap should not be confused with the H1B cap, which was reached on February 17, 2004.

H2B extensions of status do not count against the cap and the USCIS will continue to process such extensions. In addition, any petitions to change the terms of an existing H2B worker's employment, or petitions for an existing H2B worker to change or add employers, are not counted against the cap and will continue to be processed. On March 5, 2004, Mr. Yates of USCIS explained that many companies have filed blanket H2B petitions. Based on filings by employers in prior years, about 30% of the requested number of H2B petitions goes unused, so the visas issued at the consulates abroad would determine the actual usage of H2B numbers for FY2003.

Because H2Bs are used for seasonal and other strictly temporary employment, many are used for staffing at vacation-oriented businesses in the summer. The cap will create problems for some of these employers. H2B petitions may only be filed 120 days before the need for temporary workers begins. This means that some companies needing H2Bs in the summer will suffer greatly as a result of the cap's having been reached. It remains unclear whether Congress will take any action to increase this cap.