Main Menu

Publications

PDF

USCIS Announces H-2B Lottery

03.01.2018

The U.S. Citizenship and Immigration Services (“USCIS”) announced today, March 1st, that it conducted a lottery yesterday, February 28th, to randomly select enough H-2B cap-subject petitions to exhaust the 33,000 H-2B visas that are available for the second half of Fiscal Year 2018.

According to the announcement, USCIS received approximately 2,700 H-2B cap-subject petitions requesting approximately 47,000 workers between February 21st and February 27th, which is more than the available number of H-2B visas. In an effort to ensure the H-2B visas are allocated fairly and do not exceed the limit, USCIS instituted a lottery, which is the first time it has done so with respect to the H-2B program.

For those employers whose H-2B cap-subject petitions were received by USCIS between February 21st and February 27th, there should be a roughly 70% chance of having been selected in the lottery (33,000 visas / 47,000 requested workers). Notices of selection or non-selection in the lottery are expected within the coming days. Petitions that were selected in the lottery will receive a receipt date of March 1, 2018. If premium processing was requested, the 15-calendar day clock will start on March 1, 2018.

Cap-subject petitions that were not selected in the lottery or that were received after February 27th will be returned along with the associated filing fees.

USCIS continues to accept H-2B petitions that are exempt from, or not counted towards, the congressionally mandated cap. This includes petitions for the following workers:

  • Current H-2B workers in the United States seeking to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam, until Dec. 31, 2019.

If you have questions about the H-2B program, please contact one of the immigration specialists in Koley Jessen’s Employment, Labor and Benefits Practice Group.

Practice Areas

Back to Page

We use cookies on our website to improve functionality and performance, analyze website traffic and enable social media features. By continuing to use our website, you agree to our use of cookies.