Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023

Posted by Ann Badmus | Dec 31, 2022 | 0 Comments


U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, under the recently announced H-2B supplemental cap temporary final rule. We continue to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras.

We recently began accepting H-2B petitions under the Dec. 15 temporary final rule increasing the cap by up to 64,716 additional H-2B nonimmigrant visas for fiscal year FY 2023. Of the 64,716 additional visas, 44,716 were available only for returning workers. The remaining 20,000 visas are set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras who are exempt from the returning worker requirement.

Petitioners whose workers were not accepted for the 18,216 returning-worker allotment are encouraged to file under the Haiti, El Salvador, Guatemala, and Honduras allotment while visas remain available. As of January 26, 2023, USCIS has received petitions requesting 4,260 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras.

We will continue to accept H-2B petitions for workers filing under the Haiti, El Salvador, Guatemala, and Honduras allotment, as well as those who are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam (until Dec. 31, 2029).

Additional information on the FY 2023 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.


This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, 

you are invited to call us at 214-494-8033, text us using our chat box, or complete our contact form.

About the Author

Ann Badmus

Principal and Managing Attorney


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