USCIS has announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for fiscal year 2008. USCIS established January 2, 2008, as the “final receipt date” for new H-2B worker petitions requesting employment start dates before October 1, 2008. The fi nal receipt date is the date on which USCIS determined that it had received enough cap-subject petitions to reach the limit of 66,000 H-2B workers for fiscal year 2008.
USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on January 2, 2008. Petitions for workers who are currently in H-2B status do not count toward the congressionally mandated biannual H-2B cap. USCIS will continue to process petitions fi led to extend the stay of a current H-2B worker in the United States, change the terms of employment for current H-2B workers and extend their stay, or allow current H-2B workers to change or add employers and extend their stay. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008.