USCIS reaches H-2B cap for second half of fiscal year 2008 (Jan 4, 2008)

WASHINGTON D.C. -- Citizenship and Immigration Services (USCIS) announced Jan. 3, that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008.

USCIS notified the public that January 2, 2008 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008.

The cap was reached with existing totals for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008.

USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

Extend the stay of a current H-2B worker in the United States;

Change the terms of employment for current H-2B workers and extend their stay; or

Allow current H-2B workers to change or add employers and extend their stay.

More information about the H-2B work program is available at www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.

Contacting your Senators and Representatives

Tips on having a conversation, fax or email with your elected officials

When you are making your appointments, make sure to indicate your name, company name and location (both home and business). Let the Congressional office know that you are a constituent and briefly explain your situation (needing support for the H-2B program). If you are unable to meet directly with your elected official, then be willing to meet with a staff person. The staff person will then relay your concerns and request for support to their boss – the Congressman.

Be honest and passionate when telling your story. The person you meet with must be made aware of how important the H-2B program is to your business, how it affects your U.S. workers, suppliers, customers and clients. You must take on the role of an educator during your meeting and help your elected official understand that their support of the extension of returning H-2B workers to not be included in the 66,000 visa cap is critical for your business to remain operational.

When writing an email or fax, your words must go directly to the point. Use your company letterhead, indicate your request for their support and make yourself available to meet at the Congressional District office or office in DC. Form letters from Associations do not carry the weight of your unique communication.

Be as effective as possible, have the face to face meeting, go to town hall meetings, attend any public event a Senator or Representative is appearing at, call, fax and email. Encourage your employees, family members, suppliers and clients to join in your efforts. And don’t just contact your elected officials once … do it OVER and OVER AGAIN until these bills are passed!

Your involvement in these efforts is crucial if you want to continue participating in the H-2B program. Invest the time now in obtaining the much needed support, so that your business will be viable in the future.