U.S. Citizenship and Immigration Services has received enough petitions to reach the mandated cap on H-2B visas for temporary non agricultural workers for the first half of fiscal year 2021. The number of beneficiaries USCIS received petitions for surpassed the total number of remaining H-2B visas available for the H-2B cap for the first half of FY 2021. In accordance with regulations, USCIS determined it was necessary to use a computer-generated process, commonly known as a lottery, to ensure the fair and orderly allocation of H-2B visa numbers to meet, but not exceed, the cap for the first half of FY 2021. USCIS continues to accept H-2B petitions that are exempt from the mandated cap. Here are the types of petitions:
- Current H-2B workers in the U.S. who are extending their stay and, if applicable, changing the terms of their employment or changing their employers;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.