USCIS announced on September 11, 2026 that it has received enough H-2B petitions to meet the congressionally mandated cap for the first half of fiscal year 2027. This means petitions filed after the receipt deadline will be rejected unless they request an employment start date on or after April 1, 2027.
What changed
On September 4, 2026, USCIS reached the H-2B numerical cap for the first half of FY 2027. USCIS will now reject all new cap-subject H-2B petitions received after that date that request an employment start date before April 1, 2027. Employers who filed their petitions on or before September 4, 2026 will be adjudicated normally. Those who file after that cutoff with a start date in the H-1 fiscal half (October 1, 2026 through March 31, 2027) will receive a rejection notice.
Why it matters
For employers seeking H-2B workers with start dates between October 1, 2026 and March 31, 2027, the filing window has closed. Any petitions filed after September 4, 2026 for those start dates will be denied on the grounds that the cap has been reached.
If you represent an employer who missed the deadline, your only recourse for FY 2027 is to file for the second half (H-2 season, starting April 1, 2027). This shifts recruitment, contract negotiation, and training timelines by six months. Employers who anticipated filing in September or October for October–December start dates will need to revise their staffing plans or wait until the H-2 cap period opens.
The cap is a hard statutory limit set by Congress; USCIS has no authority to admit additional H-2B workers once the number is reached, even if petitions are technically meritorious.
Way forward
- Check your filing status now. If you have a pending H-2B petition with an employment start date before April 1, 2027, contact USCIS to confirm it was received and counted toward the cap before September 4, 2026.
- Pivot to H-2 season (April–September). Resubmit H-2B petitions requesting start dates on or after April 1, 2027. Monitor the Cap Count for H-2B Nonimmigrants page for opening dates in the second half.
- Explore alternatives. Consider other visa categories (H-2A for agriculture, O-1 for specialty workers, EB-3 for permanent placement) if H-2B timing no longer fits your client’s needs.
- Document compliance. If your client received a rejection for a post-September 4 filing, retain the notice as proof the cap was reached; this may be relevant for future visa planning or administrative appeals.
Disclaimer
Fola is a software company, not a law firm. This article is not legal advice. If you are an immigration attorney, paralegal, or accredited representative, consult the primary source at the URL above and verify current H-2B cap status before advising your client. Immigration policy can change without notice. Always confirm filing deadlines and cap status directly with USCIS before submitting any petition.