In a significant update from the U.S. Citizenship and Immigration Services (USCIS), the H-2B Cap FY 2024 for the second half has been reached, leading to the announcement of filing dates for additional H-2B visas for the rest of F.Y. 2024.
This news holds great importance for businesses that rely on H-2B workers and reflects the changing landscape of U.S. immigration policies. Here are the complete details of this latest update.
H-2B Cap Reached Limit for Second Half of FY 2024
USCIS has confirmed that the latter half of the H-2B Cap FY 2024 limit has been met. As of March 7, 2024, they stopped accepting new petitions for H-2B workers with employment start dates between April 1, 2024, and October 1, 2024.
Any petitions received after this date for these employment periods will not be considered.
However, it’s important to mention that USCIS still takes some H-2B requests that don’t count toward the limit. These requests are for H-2B workers in the United States who want to stay longer or switch jobs.
They also include requests for specific jobs like fish roe processors and workers in the Commonwealth of the Northern Mariana Islands and Guam until December 31, 2029.
Filing Dates for Second Half of F.Y. 2024 Supplemental Visas
In response to reaching the cap, the Department of Homeland Security (DHS) and the Department of Labor (DOL) made a new rule on November 17, 2023. This rule adds more H-2B visas for the year 2024. They added up to 64,716 extra visas.
These extra visas are meant to assist American businesses that are still looking for enough workers, especially those needing more H-2B workers, to keep running smoothly.
USCIS has specified filing start dates for each allocation of supplemental visas under this rule. Employers can start applying for these extra visas. Depending on where the workers are from or if they’re returning workers, there are certain times when employers can ask for them.
This helps ensure everything gets processed on time and helps businesses deal with shortages of workers better.
Key Dates and Deadlines for USCIS Filing Dates F.Y. 2024:
- For Employers Hiring from Designated Countries: USCIS will start taking requests for work dates between April 1, 2024, and September 30, 2024, on March 22, 2024.
- For Returning Workers (Early Second Half F.Y. 2024): USCIS will begin accepting requests for more visas on March 22, 2024.
- For Returning Workers (Late Second Half F.Y. 2024): USCIS will start taking requests on April 22, 2024, for extra visas for this time.
Important Note: USCIS will stop taking requests under these rules after September 16, 2024, or when they’ve reached the limit, whichever happens first.
Upcoming Changes and Reminders in H-2B Cap FY 2024:
USCIS has also mentioned some changes regarding the fees and forms needed for H-2B Cap FY 2024 requests. From April 1, 2024, there will be new fees for immigration requests.
If you send a request after April 1, 2024, it must follow the new fee rules and use the updated form I-129. There will be no extra time for sending requests with the old fees or forms after April 1, 2024.
Read More:
- How Long Does It Take To Obtain A Work Visa In The United States?
- H-1B Visa Fraud: Here Is All You Need To Know
- U.S. National Visa Center-Here Is All You Need To Know
Conclusion on Second Half of FY 2024 Supplemental Visas
The announcement of filing dates for supplemental H-2B visas for the second half of FY 2024 is significant for businesses relying on temporary foreign workers.
Following immigration rules, especially when they keep changing, needs careful attention and planning from employers.
With things constantly changing, it’s super important for businesses to keep up-to-date and take action to ensure they can meet their staffing needs while following the laws about immigration in the United States.
When does USCIS start accepting petitions for employment start dates in the second half of FY 2024?
USCIS begins accepting petitions for employment from April 1, 2024, to September 30, 2024, starting on March 22, 2024.
Who is Eligible to Apply for Second Half Supplemental Visas?
Employers hiring workers from designated countries or returning workers may apply for second-half supplemental visas. Selected countries typically have a significant demand for H-2B workers. Returning workers are individuals who have previously held H-2B status.
What is the Deadline for 2nd Half Supplemental Visas under USCIS’ Temporary Final Rule for F.Y. 2024?
The deadline for submitting petitions for second-half supplemental visas under USCIS’ Temporary Final Rule for F.Y. 2024 is September 16, 2024, or when the cap is reached, whichever comes first.
Are There Any Exceptions to the H-2B Cap FY 2024?
Yes, specific categories of H-2B petitions are exempt from the cap, including requests for current H-2B workers in the U.S. seeking an extension, change of employment terms, or employer changes. Additionally, specific job categories and workers in certain territories have exemptions.
What Happens If I Miss the Filing Deadline for Second Half Supplemental Visas?
Complete the filing deadline to ensure your petition is considered for the supplemental visas. It’s crucial to adhere to the specified filing dates to ensure timely petition processing and effectively address any labour shortages.
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