USCIS will reject any petition that includes an incorrect fee payment
Law Reviews
USCIS will reject and return the petitions and associated filing fees to petitioners that were not selected, as well as any cap-subject petitions received after Feb. 27.
In January, the Department of Labor announced a change to its process of issuing labor certifications. As a result, on Feb. 7 USCIS advised of the likely need to conduct an H-2B visa lottery for the second half of FY18. As was noted in that Feb. 7 statement, USCIS would be maintaining a flexible approach to this issue by ensuring H-2B visas were allocated fairly and would not exceed the cap.
USCIS continues to accept H-2B petitions that are exempt from, or not counted towards, the congressionally mandated cap. This includes petitions for the following workers:
•Current H-2B workers in the United States seeking to extend their stay and, if applicable, change the terms of their employment or change their employers;
•Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
•Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam, until Dec. 31, 2019.
H-2B petitioners may continue to request premium processing together with their H-2B petition. However, please note that because the final receipt date was one of the first five business days of the filing season, petitions accepted in the lottery will be given a receipt date of March 1, 2018. Premium processing service for these petitions began on that receipt date.
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