Last week, USCIS posted an update of how many H-2B petitions they have received and counted toward the H-2B cap limitation. As of November 21, 2008, a total of 10,265 petitions have been counted toward the 33,000 semi-annual cap for the second half of Fiscal Year 2009.

The H-2B visa gives U.S. employers involved in industries with peak load, seasonal or temporary needs the capacity to utilize temporary nonimmigrant workers to fulfill their staffing needs. H-2B visa workers typically work in areas such as construction, farming, health care, landscaping and hospitality services. In 2005, the Save Our Small and Seasonal Businesses Act was passed; this Act divided the visa category’s annual cap of 66,000 available visas into two halves. USCIS enables companies to submit these filings six months in advance of the staffing need.

Currently, 4,663 H-2B petitions have been approved and 5,602 petitions are pending. USCIS’s targeted beneficiary total is 50,000; a number they believe will result in a total of 33,000 approved and accepted H-2B visas for the second half of FY 2009, after taking in consideration withdrawals, denials and application revocations.