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H-2B Cap Count for the Fiscal Years 2010 and 2011

September 13, 2010

USCIS has updated the H-2B cap count for the second half of fiscal year 2010 and for the first half of the fiscal year 2011.

Fiscal Year 2010 H-2B Cap Count

As of April 2, 2010, USCIS has approved approximately 41,108 H-2B petitions for the second half of the fiscal year 2010.

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Total¹	Date of Last Count
H-2B 1st Half	33,000	41,108	0	41,108	04/02/10
H-2B 2nd Half	33,000 ²	29,512	762	30,274	09/10/10

Fiscal Year 2011 H-2B Cap Count

As of September 10, 2010, USCIS has received total 6,964 H-2B petitions out of which it has approved 4,835 petitions and 2,129 H-2B petitions are still pending to be approved.

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Total¹	Date of Last Count
H-2B 1st Half	33,000	4,835	2,129	6,964	09/10/10
H-2B 2nd Half	33,000 ²

¹ This number may be higher than the actual cap, as USCIS provides an allowance for withdrawals, denials and revocations.

² As noted, if the cap is not reached for the 1st half of the fiscal year, those numbers will be made available for use during the 2nd half of the fiscal year. In some fiscal years, therefore, depending on demand for H-2B workers, more than 33,000 cap-subject persons may be granted H-2B status during the 2nd half of the fiscal year.