The U.S. Citizenship and Immigration Services (USCIS) announced on January 3, 2008, that it received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008. January 2, 2008 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. Based on this process, the USCIS will select the number of petitions needed to meet the H-2B cap. The USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected. The USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008.

Employers can continue to submit petitions for workers who are currently in H-2B status and require an extension of status, a change in the terms of employment for current H-2B workers, or allow current H-2B workers to change or add employers.