On September 16, 2025, US Citizenship and Immigration Services (USCIS) has announced that it has reached the congressionally mandated cap for H-2B visa petitions for the first half of fiscal year 2026. The final receipt date for new cap-subject petitions with employment start dates before April 1, 2026, was September 12, 2025.
Any new H-2B petitions received after this date requesting a start date prior to April 1, 2026, will be rejected.
About the H-2B Program
The H-2B visa program allows US employers to hire foreign workers for temporary non-agricultural jobs when qualified US workers are not available. The program is subject to an annual cap of 66,000 visas, split evenly between the first and second halves of the fiscal year.
Next Steps for Employers
Employers who missed the cap for the first half of FY 2026 may consider:
- Planning for the second half of the fiscal year (employment start dates on or after April 1, 2026)
- Exploring cap-exempt options, if applicable
- Consulting with immigration counsel to assess alternative visa strategies
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is 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.