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H-2B Visa Usage Climbs Up

November 30, 2009

Employers may still file petitions for H-2B temporary nonagricultural workers for the first half of fiscal 2010, though filings continue to increase in this category as well. USCIS has now received filings for 24,706 H-2B beneficiaries for the first half of the fiscal year. USCIS has determined that it will need to receive filings for 47,000 cap subject H-2B petition beneficiaries in order to reach the 33,000 half-year cap. USCIS uses the beneficiary target figure to account for cases that are ultimately denied, withdrawn or revoked, as well as cases in which employers actually employ fewer workers than requested. The target figure is subject to change as the fiscal year progresses.

Fiscal Year 2010 H-2B Cap Count

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target ¹	Total	Date of Last Count
H-2B 1st Half	33,000	23,814	892	47,000	24,706	11/27/09
H-2B 2nd Half	33,000 ²	-------	-------	-------	-------	-------

¹ Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
² A shortfall in the 1st half would be made up in the 2nd half.