On January 3, 2008, the USCIS announced that the H-2B cap for the second half of FY 2008 was reached. January 2, 2008, was the final receipt date for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The “final receipt date” is the date on which the USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers. The cap was reached with existing totals for that day. Therefore, the USCIS will apply a computer-generated random selection process to all petitions, which are cap-subject, and that were received on January 2, 2008. The Service will use this process to select the number of petitions needed to meet the cap. USCIS will reject and return the fee for all cap-subject petitions that were not randomly selected. The USCIS will continue to process H-2B petitions for extensions of status and changes in the terms of employment, and it will allow current H-2B workers to change or add employers and extend their stay.
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