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A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015.This means: Under this legislation, the returning worker program only applies to petitions pending or approved on or after Dec.

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18, 2015, but did not include the required certification.Submit the H-2B Returning Worker Certification with a copy of your Form I-797 receipt notice to the address where you filed the petition no later than March 4, 2016. This certification must meet the signature and named worker requirements listed above.Each petition must include a temporary labor certification (TLC) from the Department of Labor (DOL). For additional information on the current H-2B cap, and on workers who are exempt from it, see the “Cap Count for H-2B Nonimmigrants Web page.*Note: If you are petitioning for one or more Canadian musicians that will be employed within a 50 mile radius from the U. Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

However, unused H-2B numbers from one fiscal year do not carry over into the next.

agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year.

Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30).

Top There is a statutory numerical limit, or "cap," on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year.

agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf. H-2B Cap H-2B Program Process H-2B Returning Worker Program for Fiscal Year 2016H-2 Eligible Countries List Period of Stay Family of H-2B Workers Employment-Related Notifications to USCISFee-Related Notifications to USCISTo qualify for H-2B nonimmigrant classification, the petitioner must establish that: H-2B petitioners must also provide a single valid temporary labor certification from the U. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

S.-Canadian border for 30 days or less, you may skip Step 1 in the H-2B process. 18, 2015 , H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas.