When the H-2B cap is reached, USCIS rejects any new cap-subject petitions for that period. The program is for temporary non-agricultural work, and Congress limits it to 66,000 visas a year, split into 33,000 for the first half of the fiscal year and the rest for the second half.
What happened for fiscal year 2027
USCIS said it received enough petitions to meet the first-half cap, and September 4, 2026 was the final receipt date for new cap-subject petitions requesting a start date before April 1, 2027, according to the USCIS alert. USCIS rejects new petitions for that period filed after that date. We covered the announcement in an earlier report.
Why the cap fills so fast
An H-2B employer first needs a temporary Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary from the Department of Labor, then files a petition with USCIS. Demand from hospitality, landscaping, seafood and similar seasonal industries routinely exceeds the number of visas, so the filing window closes shortly after opening.
What the cap does not stop
The cap applies to new cap-subject petitions. Workers who have already been counted against the cap in the same fiscal year are generally not counted again, and current H-2B workers in status are not removed because a window closed.
What employers can do next
- Wait for the second half. A separate window applies to start dates from April 1 onward.
- Watch for supplemental visas. Congress has allowed DHS and DOL to release extra numbers. For fiscal year 2026, a temporary Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary authorized up to 64,716 additional visas, Envoy Global reported.
- Consider other categories. See H-1B versus H-2B and H-2A versus H-2B.
Supplemental visas for fiscal year 2027
As of September 23, 2026, we did not find an announcement of supplemental H-2B numbers for fiscal year 2027. Any release would come through a rule from DHS and DOL, and eligibility conditions have varied year to year, including returning-worker requirements and attestations of harm.
The program basics are in the Visa Library’s H-2B seasonal worker visa guide.