USCIS has announced that it has received enough petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2027.
According to the agency, September 4, 2026 was the final receipt date for new cap-subject H-2B petitions requesting an employment start date before April 1, 2027.
USCIS will:
- Accept cap-subject H-2B petitions received on or before September 4, 2026 that request a start date before April 1, 2027.
- 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.
Background
The H-2B visa program allows U.S. employers to temporarily hire foreign nationals to perform non-agricultural seasonal, peak-load, intermittent, or one-time occurrence work when qualified U.S. workers are unavailable.
Congress currently limits the number of H-2B visas available each fiscal year, with the annual cap generally divided between:
- The first half of the fiscal year (October 1 through March 31); and
- The second half of the fiscal year (April 1 through September 30).
Erickson Insights & Analysis
The cap being reached approximately one week before the start of FY 2027 highlights the continued demand for seasonal foreign labor across multiple industries. 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.
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.