We want to provide an update on the delay at U.S. Citizenship & Immigration Services (USCIS) in announcing that the H-2B visa summer-season cap has been hit. All indications are that the initial H-2B cap of 33,000 visas for summer-season employers was hit on either March 5th or 6th. In the past, USCIS has announced news that the cap was reached only a few days after the last petitions were accepted; however, we are currently almost two weeks beyond that date. The reason for the delay is unclear.
The significance of the lack of announcement is that it impacts supplemental cap petitions (i.e., “cap relief”). Under the cap relief rule, H-2B supplemental visa petitions for the summer 2025 season can be filed as soon as 15 days after the cap was filled. However, without an announcement, we cannot be sure of what day petitions will be accepted.
We have been in touch with industry lobbyists who are pushing the government to make the announcement as soon as possible. Also, please note that this delay does not impact our prior thoughts and guidance regarding who will be eligible for cap relief and strategies for employers in certain lottery groupings or with various start dates (please see the attached Client Alert for reference).
We are hopeful that we will see an announcement in the very near future. The good news is that we did receive some electronic receipts for cap-subject petitions yesterday, potentially showing movement towards an announcement. Again, we will keep you updated as we learn more.
Please do not hesitate to contact us with any questions.
Thank you,
Keith Pabian and the Pabian Law Team