In October, USCIS announced that it would add nearly 65,000 additional H-2B visas. They have now announced two updates for these FY 2023 H-2B supplemental cap petitions: a Centralized Filing Location and Temporary Suspension of Premium Processing.
Centralized Filing Location
All filings under the supplemental allocations will now be centralized at the California Service Center. Petitions that are filed under permanent H2B regulations will not be affected, whether they are cap-subject or cap-exempt.
Temporary Suspension of Premium Processing.
Premium processing will resume on January 3, 2023. Until then, all forms I-907 will be rejected.
Premium processing remains available for all other H-2B petitioners, such as extensions of stay requests.
USCIS announced these updated prior to publication of the rule in the Federal Register to assist petitioners who begin preparing their petitions in advance.
On Sept. 14, 2022, USCIS announced that it had received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of FY 2023. Sept. 12, 2022 was the “final receipt date” for new cap-subject H-2B worker petitions requesting employment start dates before April 1, 2023. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY 2023.
The second half of FY 2023 has ALREADY BEGUN so you need to start the H-2B visa application process for the first half of 2023 TODAY!
The H2B visa has always been a complicated visa to navigate, and this year, petitioners will need to navigate the new changes and protections in real time in order to have their petition approved before the CAP is reached.
If you are an employer interested in petitioning for an H-2B visa or if you are a foreign national who wants to live and work in the United States, contact The Scott Law Firm today!