Effective December 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. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).

USCIS is urging employers to identify returning workers when filing petitions.

USCIS has posted guidance on this topic on their website.

USCIS H-2B Returning Workers 2016