USCIS Reaches H-2B Cap For Fiscal Year 2016

On May 20, 2016, the United States Citizenship and Immigration Services ("USCIS") announced it had reached its Fiscal Year 2016 limit for issuing new H-2B visas. The cap of 66,000 visas was reached on May 12, 2016. Half the annual allotment of new H-2B visas are issued for jobs starting in the first half of the fiscal year and the remainder are issued for jobs starting in the second half of the fiscal year. The first half year cap was reached in March, 2016. The H-2B visa program allows owners of businesses offering temporary nonagricultural employment to bring on foreign workers if there are not enough willing and able U.S. workers to fill their openings and upon a showing that the foreign workers will not depress the wages of similarly situated U.S. workers. To be considered temporary for the purposes of the H-2B program, the job must be proven to fall into one of the following temporary categories: (1) one-time need, (2) a seasonal need, (3) a temporary need due to peak load (seasonal or short-term) demand, or, (4) an occasional or intermittent need.
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