On September 11, 2026, U.S. Citizenship and Immigration Services (USCIS) confirmed what many seasonal employers had feared: the H-2B visa cap for the first half of fiscal year (FY) 2027 has been reached.
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.
The announcement underscores the persistent and growing tension between U.S. employer demand for temporary seasonal labor and the statutory limits Congress has placed on the program — a dynamic that has intensified year after year.
Understanding the H-2B Cap Structure
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 (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30).
The "final receipt date" is the date when USCIS determines that it received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of fiscal year 2027.
This year, that date fell on September 4 —
approximately one week before the start of FY 2027, highlighting the continued demand for seasonal foreign labor across multiple industries.
For context,
the final receipt date for the first half of fiscal year 2026 was September 12
— meaning this year's cap was reached even earlier, signaling accelerating demand.
Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year.
However, unused H-2B numbers from one fiscal year do not carry over into the next.
Who Is Affected — and Who Isn't
The cap exhaustion carries significant but targeted consequences.
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.
However,
reaching the cap does not automatically affect workers who already have valid H-2B status or approved petitions.
Foreign workers seeking new H-2B jobs before April 1, 2027, and employers that missed the filing deadline are mainly affected.
The impact will be felt most acutely in the industries that rely most heavily on H-2B 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%.
Foreign seasonal workers are also in high demand in the tourism, construction, and seafood processing industries.
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 hospitality and landscaping sectors have faced significant challenges in recruiting and retaining employees.
Cap-Exempt Categories: Options That Remain
While the first-half cap is now closed, USCIS can still accept petitions for cap-exempt H-2B workers.
Certain categories of H-2B workers are exempt from the cap, including current H-2B workers who are seeking an extension of stay, change of employer, or change in the terms of their employment.
Two very specific categories of workers are also exempt from the H-2B cap: fish roe processors, fish roe technicians, or supervisors of fish roe processing, and workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam until December 31, 2029.
Spouses and children accompanying H-2B workers are not counted against the H-2B cap.
The Bigger Picture: Demand Far Outstrips Supply
The rapid cap exhaustion for FY 2027 is part of a longer-running pattern.
For the last decade, demand has exceeded supply, and special provisions have been enacted to make additional H-2B visas available.
The numbers paint a stark picture:
in FY 2025, over 149,953 worker positions were requested for just 33,000 second-half slots — a 4.5x oversubscription.
The number of temporary non-agricultural workers certified by the U.S. Department of Labor grew from over 147,000 in FY 2018 to more than 215,000 in FY 2023 — a 46% jump in just five years.
To bridge this gap, the federal government has routinely released supplemental visa allocations.
For FY 2026, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly announced a temporary final rule increasing the H-2B cap by up to 64,716 additional visas.
USCIS has not yet announced whether supplemental H-2B visas will be available for FY 2027.
Practical Guidance for Employers and Workers
For employers who missed the September 4 deadline, options are limited but not nonexistent:
- Wait for the second-half cap.
- Explore cap-exempt workers. Employers with current H-2B workers who need extensions or changes in employment terms can still file petitions, as these workers are not counted against the cap.
- Monitor supplemental visa announcements. Given the precedent of supplemental allocations in recent fiscal years, employers should closely watch for any DHS and DOL announcements regarding additional H-2B visa numbers for FY 2027.
- Plan earlier for future seasons.
For foreign workers, the cap does not affect those who already hold valid H-2B status or have approved petitions.
The H-2B visa can be extended in increments of up to one year, with a maximum total stay of three years.
After three years, the visa holder must leave the U.S. for at least three months before they can apply for another H-2B visa.
Fraud Reporting
USCIS also reiterated its commitment to program integrity.
Anyone, including U.S. workers and H-2B workers, can send tips, alleged violations, and other relevant information about potential fraud or abuse using the USCIS online tip form.
Looking Ahead
The rapid cap exhaustion for FY 2027 adds fresh urgency to the long-running debate over whether the 66,000 statutory cap — unchanged since it was established — adequately serves the needs of the modern American economy.
It's becoming clear that the H-2B program is not doing enough to meet the soaring needs of American employers, who are confronting rising worker shortages in the face of changing U.S. labor dynamics.
Whether Congress will enact permanent cap relief or continue relying on annual supplemental allocations remains one of the most consequential open questions in U.S. immigration policy for seasonal industries. For now, employers and workers alike must navigate a system where demand consistently dwarfs supply — and where timing is everything.
This article is for informational purposes only and does not constitute legal advice. Employers and workers with specific questions about H-2B petitions should consult with a qualified immigration attorney.