USCIS has updated the count of H-2B visa petitions received and counted toward the H-2B cap for the second half of FY 2009. According to USCIS, as of December 26, 2008, 29,702 petitions have been counted toward the 33,000 available visas for this fiscal year period. This is an increase of more than 2,000 petitions since the last count. On December 19, 27,111 petitions had been counted toward the cap.

The H-2B visa gives U.S. employers involved in industries with peak load, seasonal or temporary needs the capacity to utilize temporary nonimmigrant workers to fulfill their staffing needs. H-2B visa workers typically work in areas such as construction, farming, health care, landscaping and hospitality services. In 2005, the Save Our Small and Seasonal Businesses Act was passed; this Act divided the visa category’s annual cap of 66,000 available visas into two halves. USCIS enables companies to submit these filings six months in advance of the staffing need.