On September 11, 2026, U.S. Citizenship and Immigration Services (USCIS) confirmed what many employers had feared was imminent:
the agency received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year (FY) 2027
. The announcement effectively closes the door on new cap-subject H-2B petitions for seasonal workers whose employment would begin in the first six months of the upcoming fiscal year.
Key Dates and Immediate Impact
September 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 September 4, 2026, that request an employment start date before April 1, 2027.
This announcement means that employers seeking to hire new H-2B workers for positions beginning during the first half of FY 2027 can no longer file cap-subject petitions under the regular statutory allocation.
Notably,
the cap being reached approximately one week before the start of FY 2027 highlights the continued demand for seasonal foreign labor across multiple industries.
For comparison,
the first-half cap for FY 2026 was reached with September 12 as the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2026.
This year's cap was reached even earlier — on September 4 — suggesting that demand for H-2B workers continues to accelerate.
Understanding the H-2B Cap Structure
Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - Sept. 30).
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.
If the first half of the fiscal year cap of 33,000 H-2B visas is not reached during the first half of the fiscal year, unused numbers are made available for use during the second half of the fiscal year.
Given that the first-half cap has now been fully exhausted, no rollover is expected.
It is important to note that not all H-2B petitions count against the cap.
H-2B workers who have previously been counted against the cap in the same fiscal year that the proposed employment begins will not be subject to the cap if the employer names them on the petition and indicates that they have already been counted.
The spouse and children of H-2B workers classified as H-4 nonimmigrants also do not count against this cap. Additionally, petitions for fish roe processors, fish roe technicians, or supervisors of fish roe processing, and workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam until December 31, 2029, are exempt from the H-2B cap.
Industries Feeling the Squeeze
The H-2B cap closure carries significant consequences for the industries most dependent on seasonal foreign labor.
In 2023, the most requested occupations for H-2B workers were landscaping and groundskeeping workers, comprising 39.1% of all certifications; maids and housekeeping cleaners, at 7.0%; and forest and conservation workers, with 5.8%.
Hospitality, landscaping, seafood processing, recreation, forestry, and certain construction-related businesses often benefit from access to additional workers during periods of increased demand.
For many of these employers, the first half of the fiscal year — covering the October through March window — is critical for securing workers who will be needed as operations ramp up in early spring.
As the U.S. baby boom generation retires out of the workforce, and young U.S.-born workers continue to show little interest in physically-intensive seasonal jobs, the demand for H-2B labor continues to rise.
In 2023, the construction industry reportedly had the largest number of unfilled jobs in its history, with 61 percent of companies experiencing project delays as a result.
The Supplemental Visa Question for FY 2027
A key concern for employers shut out of the regular cap is whether the government will authorize supplemental H-2B visas for FY 2027. In FY 2026,
the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly announced a temporary final rule increasing the numerical limit on H-2B nonimmigrant visas by up to 64,716 additional visas for fiscal year 2026.
These supplemental visas were available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.
The H-2B visa is subject to a statutory annual numerical cap of 66,000, but demand for H-2B workers has often exceeded this cap. Each year since FY2017, Congress has authorized DHS, after consultation with DOL, to make additional H-2B visas available beyond the cap, subject to certain conditions.
However,
the FY 2026 increase was based on time-limited statutory authority that does not apply to the H-2B program in future fiscal years.
Whether Congress will grant similar authority for FY 2027 — and whether the current administration will exercise it — remains to be seen.
What Employers and Workers Should Do Now
For employers who missed the filing window, several practical steps should be considered:
1. Monitor USCIS announcements closely.
Employers that rely on H-2B workers should review future workforce planning needs carefully and monitor USCIS announcements regarding future cap allocations and any supplemental visa releases.
2. Prepare for the second-half filing window. Employers whose seasonal needs align with the April 1 through September 30 period should begin preparing their labor certification applications and I-129 petitions well in advance to ensure timely filing when USCIS begins accepting second-half petitions.
3. Evaluate cap-exempt options. Employers should consult with immigration counsel to determine whether any of their workers may qualify under cap-exempt categories, such as returning workers already counted against the current fiscal year cap or workers in exempt occupations.
4. File earlier in future years. The trend of ever-earlier cap closure dates underscores the need for employers to begin the H-2B process — including obtaining temporary labor certifications from the Department of Labor — as early as possible.
5. Watch for Congressional action. Industry advocates continue to push for permanent cap relief. Employers should stay informed about any legislative developments that could expand the number of available H-2B visas.
A Broader Pattern of Demand Outpacing Supply
The rapid closure of the FY 2027 first-half cap is part of a larger pattern that has defined the H-2B program for years.
Congress established the H-2 visa program in 1952 to allow U.S. businesses to directly hire seasonal foreign guest workers when American workers were not available.
Both the H-2A and H-2B programs have always been popular, but fast-rising demand in recent years has shown how several key industries have become increasingly reliant on these workers to ease the labor shortage.
With the statutory cap unchanged at 66,000 for years and seasonal labor demand continuing to grow, the gap between the number of H-2B visas available and the number employers need shows no signs of narrowing. For businesses and workers alike, the message is clear: early preparation and proactive planning are no longer optional — they are essential to securing a place in an increasingly competitive program.
---
This article is for informational purposes only and does not constitute legal advice. If you have questions about H-2B visa petitions or your specific situation, please consult with an experienced immigration attorney.