U.S. Citizenship and Immigration Services (USCIS) announced that it has run out of available H-2B visas for fiscal year 2021, so no more petitions are being accepted for the period ending September 30.
February 12, 2021 was the final date by which new petitions could be received for temporary non-agricultural worker visas (H-2B) requesting to start employment before October 1, 2021.
By fiscal year 2021 there were only 66,000 H-2B visas, which are divided and distributed in two stages:
- The first 33,000 H-2B visas were issued in 2020. for employees who started working in the first half of this fiscal year (October 1, 2020 to March 31, 2021).
- The other 33,000 H-2B visas are for workers who begin work in the second half of the fiscal year (April 1 - September 30, 2021).
Due to high demand, USCIS conducted a lottery to select the finalists. The federal government will return the applications and fees submitted for visa processing to petitioners who were not selected in the lottery.
H-2B Visas for Fiscal Year 2021
H-2B visas authorize foreign nationals to come to the United States for a limited period of time to work in industries that require seasonal employees, such as hotel, ski resort or amusement park employees.
H-2B visa petitions exempted from the maximum statutory amount
USCIS will continue to accept petitions for H-2B visas that are exempt from the cap set by Congress. This includes petitions for:
- H-2B workers who are currently in the United States and are requesting an extension of stay that may change the terms of their employment or change employers.
- Fish egg processing workers, technicians or supervisors.
- Individuals who are working or providing services from November 28, 2009 through December 31, 2029 in the Commonwealth of the Northern Mariana Islands and/or Guam.