USCIS Reaches H-2B Cap for First Half of FY 2027: What Employers and Workers Should Know

U.S. Citizenship and Immigration Services (USCIS) announced on Sept. 11, 2026 that it received enough petitions to reach the congressionally mandated H-2B cap for the first half of fiscal year 2027 (Oct. 1, 2026 through March 31, 2027).

What changed

Sept. 4, 2026 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2027. USCIS will reject new cap-subject H-2B petitions received after Sept. 4, 2026 that request an employment start date before April 1, 2027.

Background

The H-2B program lets U.S. employers bring workers to the United States for temporary non-agricultural jobs. Congress set the annual H-2B cap at 66,000 people per fiscal year, split into 33,000 for the first half and 33,000 for the second half of the fiscal year. Unused first-half numbers can be used in the second half; unused numbers do not carry over to the next fiscal year.

Who is affected

This mainly affects employers and workers filing new cap-subject H-2B petitions for jobs beginning before April 1, 2027. It does not change the status of people already in H-2B. Workers in the United States in H-2B status who extend their stay, change employers, or change the terms of their employment are generally not subject to the cap, and H-4 spouses and children of H-2B workers do not count against it. Some worker categories are also exempt from the cap. Once the cap is reached, USCIS may accept only petitions for workers who are exempt from or not subject to it.

What to check

Employers planning spring 2027 seasonal hiring should check the current H-2B cap count page and confirm whether a filing is cap-subject. The second half of fiscal year 2027 begins April 1, 2027. Additional supplemental H-2B visas, if any, are announced separately.

Sources

USCIS alert, "USCIS Reaches H-2B Cap for First Half of FY 2027," Sept. 11, 2026: https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2027

USCIS, Cap Count for H-2B Nonimmigrants: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-for-h-2b-nonimmigrants

General information, not legal advice. For case-specific advice, consult a qualified immigration attorney or accredited representative.