FY 2009 H-2B Cap Reached

The H-2B Visa cap was met on January 7, 2009 for FY2009.  Since the passage of the Save Our Small Business and Seasonal Businesses Act of 2005, the H-2B filing season was split into two halves.   The purpose of splitting the filing season  is to avoid summer season filers to have an advantage over winter season filers.  The first half for FY2009 began June 2009 and the cap was met on July 29, 2008 and the second half began December 2008 and has now been met as of January 7, 2009.  The filing season for the first half of FY2010 will begin June 2009.

The inability for US businesses for find and hire qualified seasonal workers will undoubtedly harm US business.  To see what you can do to help raise the H-2B cap, please visit this site.

There are few exemptions from the H-2B visa cap and they are:

1.  Fish roe processors, fish roe technicians and supervisors of fish roe processing.

Previously, there was an exemption for H-2B returning workers.  An employer was able to attest that the H-2B was returning for work the next season and the H-2B would be classified as H-2R.  However, this exemption expired Sept 30, 2007 and was not extended.

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