U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year (FY) 2027.

On September 4, 2026, the cap for the first half of FY27 was reached. On September 11, USCIS announced that the cap for seasonal foreign workers was reached nearly a month prior to the start of fiscal year 2027, indicating a continued demand across various industries.

The first half of USCIS immigration purpose for fiscal year (FY) 2027 begins on October 1, 2026, and runs through March 31, 2027. The second half of the fiscal year is from April 1 through September 30.

The final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2027, was September 4, 2026.

It 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. Any such petitions received after September 4, 2026, that request an employment start date before April 1, 2027, will be rejected by USCIS.

ALSO READ

H-2B nonagricultural temporary worker program

The H-2B program permits US companies to hire foreign workers for temporary non-agricultural roles, allowing a maximum stay of three years. After this duration, workers must leave the US and remain outside for three months before they can reapply for entry.

Congress created the H-2B nonagricultural temporary worker program to allow U.S. employers to bring foreign workers to the United States to fill temporary nonagricultural jobs.

Under the Immigration and Nationality Act (INA), there is a statutory numerical limit, or “cap,” on the total number of foreign workers who may receive an H-2B visa during a fiscal year. 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 through March 31; and

33,000 for workers who begin employment in the second half of the fiscal year, April 1 through Sept. 30.

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. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year.

The US laws give the Secretary of DHS the authority to make available additional H-2B visas for FY 2026. In January, the US announced an increase in H-2B non-immigrant visas by up to 64,716 additional visas.

Workers Who Are Exempt from the H-2B Cap

Generally, workers in the United States in H-2B status who extend their stay, change employers, or change the terms and conditions of employment are not subject to the cap.

Similarly, H-2B workers who were already counted against the cap in the same fiscal year that the proposed employment begins are not subject to the cap if the employer names them on the petition and states 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.

Disclaimer: This article is based on official announcements and publicly available information from the U.S. Citizenship and Immigration Services (USCIS). It is intended for informational purposes only and does not constitute immigration or legal advice. Employers and workers seeking guidance on H-2B petitions or visa eligibility should consult USCIS official sources or a qualified immigration attorney.