As of 11/23/12, USCIS receipted 11,413 beneficiaries toward the 33,000 H-B cap amount for the first half of FY2013. This count includes 9,759 approved and 1,654 pending beneficiaries.
Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.
Generally, persons exempt from the cap include H-2B workers who extend his/her stay in H-2B status. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:
- Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
- From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam.