USCIS has reached the H-2B cap of 33,000 for the first half of FY 2027, so new cap-subject petitions requesting employment start dates before April 1, 2027, will be rejected if received after September 4, 2026.
The H-2B program allows U.S. employers to hire nonagricultural temporary workers when no qualified U.S. workers are available. The statutory cap is 66,000 per fiscal year, with 33,000 allocated to the first half (October 1 through March 31) and 33,000 to the second half (April 1 through September 30). Unused numbers from the first half roll over to the second half.
On September 11, 2026, USCIS announced it had received enough petitions to meet the first-half cap. September 4, 2026, was the final receipt date for new cap-subject H-2B worker petitions with start dates before April 1, 2027. Petitions received after that date for those start dates will be rejected.
Workers already counted against the cap or in exempt categories are unaffected. Exempt categories include workers extending their stay, changing employers, or already counted in the same fiscal year, as well as certain fish roe processors and workers in the CNMI or Guam until December 31, 2029.
Employers should review their filing plans and consider whether any petitions can be adjusted for later start dates. These visa updates reflect current policy changes in immigration news 2026.