First Half H-2B Cap/Visa Release Updates

FIRST HALF CAP UPDATE: Employers with an October 1st date of need requested 21,116 positions during last year’s FY22 July 2-4 filing period. The 29,856 positions requested in the same period for FY23 represents a 41% increase over FY22. Our best estimate is that the cap will be met in early September and applications with early November dates of need will be the latest to get through.



Click here to review our analysis of the first half cap.

FALL/WINTER SUPPLEMENTAL VISA RELEASE: Step one is to secure a significant and timely first half visa release. We believe Congress will pass a continuing resolution come October 1st. The implication is that DHS will retain the authority to release additional visas for the first half of this fiscal year.

We believe a significant release (50,000+) will allow employers who currently file for an April 1st start date out of concern for the cap to instead consider filing for their historical February or March date of need. Reducing the number of employers who file for an April 1st date of need will also spread out DOL’s workload and hopefully alleviate some of the resulting processing delays.

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