The H-2B Non-Agricultural Temporary Worker Program allows U.S. employers to bring Foreign Nationals to the United States to fill temporary non-agricultural jobs.
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The H-2B Cap is a statutory numerical limit, or “cap”, on the number of aliens who may be granted a visa or otherwise provided with H-2B status, including individuals who applied through a change of status, during a fiscal year. Congress currently has the H-2B Cap set at 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year October 1 – March 31), as well as 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by any employers seeking to hire H-2B workers during the second half of the fiscal year.
Applicants who are exempt from the H-2B cap
An H-2B non-immigrant worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap, generally. Also, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.
Fiscal Year 2014 H-2B Cap Count
As of December 30, 2013 the total beneficiaries approved reach 12, 313 and beneficiaries pending stand at 3,518 with a total of 15,831 towards the 33,000 allocated for the first half of fiscal year 2014.