Are you a business owner looking to secure H-2B visas for essential workers? The time to act is now. U.S. Citizenship and Immigration Services (USCIS) has reached the cap for the second half of fiscal year (FY) 2024, meaning no more new cap-subject petitions will be accepted. However, there’s still hope for those in need of supplemental visas.
Here’s what you need to know:
Second Half of FY 2024 Cap Reached
As of March 7, 2024, USCIS has received enough petitions to meet the congressionally mandated H-2B cap for the second half of FY 2024. Any new cap-subject petitions received after this date requesting an employment start date between April 1, 2024, and October 1, 2024, will be rejected. However, exemptions still apply for certain categories, including current H-2B workers seeking extension, fish roe processors, and workers in specific regions.
Supplemental Visa Opportunities
Thanks to a temporary final rule jointly published by the Department of Homeland Security (DHS) and the Department of Labor (DOL), additional H-2B visas are available for U.S. businesses facing irreparable harm due to labor shortages. These supplemental visas are crucial for industries struggling to find qualified workers.
Filing Dates for Supplemental Visas
Mark your calendars with these important filing dates:
- For employers seeking workers from specified countries: USCIS will begin accepting petitions for employment start dates from April 1, 2024, to September 30, 2024, on March 22, 2024.
- For returning workers: Petitions for the additional 19,000 visas for the early second half of FY 2024 (April 1 to May 14) will be accepted starting March 22, 2024. For the late second half (May 15 to September 30), petitions for the additional 5,000 visas will be accepted from April 22, 2024.
Remember, USCIS will stop accepting petitions under this temporary final rule after September 16, 2024, or after the applicable cap has been reached.
Upcoming Changes in Fees and Form Editions
Effective April 1, 2024, USCIS will implement new fees for immigration applications and petitions. Ensure your petitions are up to date by using the 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker, and including the new fee calculation. There will be no grace period for filings postmarked on or after April 1, 2024, without the updated fees and form edition.
Book Your Consultation Today
Don’t let visa shortages hinder your business operations. Take advantage of the expertise at Weinstock Immigration Lawyers to navigate the complex immigration process. Schedule your consultation today to explore your options and secure the workforce your business needs to thrive.
And remember, the clock is ticking. Act now to secure your H-2B visas before it’s too late.