When Immigration Matters

What is a "Cap"

The word "Cap" used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification.  The annual numerical limitations generally do not apply to persons who have already been counted against the cap in a particular nonimmigrant classification and are seeking to extend their stay in that classification.

Today August 25, 2009, U.S. Customs and Border Protection (CBP) announced the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, originally set for August 1, 2009. The pilot program will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, to depart from one of those ports and to submit certain biographical and  biometric information at one of the kiosks established for this purpose. A delay of the commencement date is necessary to ensure that the kiosks are fully operational.  The pilot program will commence December 8, 2009.

As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed.