USCIS has announced a first-half cap—not the end of the H-2B program
On September 11, 2026, U.S. Citizenship and Immigration Services announced that it had received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year 2027. USCIS identified September 4, 2026 as the final receipt date for new cap-subject petitions requesting an employment start date before April 1, 2027.
USCIS says it will reject new cap-subject petitions received after September 4 when they request a start date before April 1, 2027. The controlling event is USCIS receipt, not the date an employer mailed a package, obtained a labor certification or promised a job to a worker.
The regular annual cap is divided into two halves
Congress currently sets the regular H-2B cap at 66,000 workers per fiscal year. USCIS allocates 33,000 numbers to employment beginning from October 1 through March 31 and another 33,000 to employment beginning from April 1 through September 30.
Unused first-half numbers may become available during the second half of the same fiscal year, but unused numbers do not carry into the next fiscal year. A future supplemental allocation also should not be assumed: any additional numbers depend on separate, time-limited legal authority and agency action.
A timely petition still must qualify
Meeting the September 4 receipt date does not guarantee approval. USCIS must still decide whether the petition satisfies H-2B requirements, and a worker who needs a visa must complete the separate Department of State process after petition approval.
H-2B is employer-led. A U.S. employer or qualifying U.S. agent files Form I-129 for a prospective worker after completing the required labor-certification process. A worker cannot reserve a cap number or self-petition simply by submitting a résumé, paying a recruiter or contacting USCIS.
Some H-2B petitions are not counted against this cap
USCIS identifies several situations that are generally cap-exempt or not cap-subject. These can include qualifying H-2B workers already in the United States who extend their stay, change employers or change employment terms, and workers previously counted in the same fiscal year when the new petition properly identifies that history.
H-4 spouses and children do not count against the H-2B numerical cap. USCIS also lists specified fish-roe workers and qualifying workers performing labor or services in Guam or the Commonwealth of the Northern Mariana Islands through December 31, 2029. An employer should document the exact exemption claimed instead of treating the list as automatic eligibility.
- Confirm whether the requested employment begins before or after April 1, 2027.
- Identify whether each named worker was previously counted in the relevant fiscal year.
- Keep the temporary labor certification, recruitment record, petition copy and USCIS delivery evidence together.
- Use the newer September 11 USCIS alert when an older cap-count page still displays preliminary figures.
The labor-certification stage protects the process
Before filing the USCIS petition, an employer generally must obtain an approved temporary labor certification from the Department of Labor. The employer must show a temporary need—such as seasonal, peakload, intermittent or one-time need—and complete recruitment intended to test the availability of qualified U.S. workers.
A labor certification is not a visa and does not itself authorize a foreign national to work. It is one part of a multi-agency process involving the Department of Labor, USCIS and, for workers abroad, the Department of State and inspection at a U.S. port of entry.
Workers should verify the employer and every requested payment
A cap announcement can create pressure that scammers exploit. Workers should verify the employer, job order, work location, wage and recruiter relationship before providing documents or money. No private person can sell a guaranteed cap number or USCIS approval.
USCIS accepts reports of suspected H-2B fraud or abuse through its online tip form, and the Department of Labor enforces program-specific worker protections. Preserve advertisements, contracts, payment requests, messages and receipts if a promised job appears inconsistent with the approved terms.
What to do after the cap announcement
Employers with a timely filing should monitor the receipt and any USCIS request without assuming the case has been selected or approved. Employers considering later employment should map the correct half-year, Department of Labor timeline and any genuine cap exemption before preparing a new filing.
Workers should ask for the petition receipt or approval information relevant to them, but should not resign, travel or pay a large fee based only on a verbal promise. Questions about cap exemption, portability, status or a rejected petition require advice from a licensed immigration attorney.