USCIS Will Begin Accepting H-2B Petitions for Returning Workers for Late Second Half of FY2023

Starting April 13, 2023, USCIS will begin accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023 under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.

Related Resources

• DHS and DOL Temporary Rule Authorizing 64,716 Additional H-2B Visas for FY2023 (87 FR 76816, 12/15/22)