On 11 September 2026, U.S. Citizenship and Immigration Services announced enough H-2B petitions had arrived to fill the first-half fiscal year 2027 statutory cap. The final receipt date for new cap-subject petitions seeking employment start dates before 1 April 2027 was 4 September 2026. Any new cap-subject petition received after 4 September 2026 with a start date before 1 April 2027 faces rejection.
Congress sets the H-2B annual limit at 66,000 visas. USCIS splits the total into two equal blocks of 33,000. The first block covers employment beginning 1 October through 31 March. The second block covers employment beginning 1 April through 30 September. Unused first-half numbers move into the second half of the same fiscal year. Unused numbers never carry into a later fiscal year.
The H-2B route covers temporary nonagricultural work in the United States. Employers use the route for seasonal and peak-load roles in hospitality, landscaping, seafood processing, construction support, and similar fields. A foreign national needs a U.S. employer petition and, in most cases, a temporary labor certification from the Department of Labor before USCIS reviews Form I-129.
What the 4 September cutoff means for your filing
USCIS defines the final receipt date as the day the agency determines enough cap-subject petitions arrived to reach the 33,000 first-half limit. For first-half FY 2027, the agency set 4 September 2026 as the final receipt date. Petitions seeking start dates before 1 April 2027 and received after 4 September 2026 will be rejected if the petitions are cap-subject.
The public alert arrived on 11 September 2026, one week after the cutoff. Do not treat the alert date as the filing deadline. The controlling date is 4 September 2026. Employers who mailed or filed after the final receipt date for early FY 2027 start dates should expect rejection of those cap-subject filings.
Second-half FY 2027 numbers remain open in the statutory structure. Cap-subject petitions seeking employment start dates on or after 1 April 2027 fall under the second 33,000 block. Confirm the Cap Count for H-2B Nonimmigrants page on uscis.gov before every filing window, because the second-half count changes as petitions arrive.
Workers and petitions outside the numerical cap
Not every H-2B petition counts against the 66,000 limit. USCIS lists several exemptions on the official Cap Count page.
- Workers already in H-2B status who extend stay, change employers, or change employment terms generally stay outside the cap.
- Workers already counted against the cap in the same fiscal year as the proposed employment start date stay outside the cap when the employer names those workers and states prior counting.
- H-4 spouses and children of H-2B workers do not count against the cap.
- Fish roe processors, fish roe technicians, and supervisors of fish roe processing remain exempt.
- Workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam remain exempt through 31 December 2029.
Once the first-half cap is full, USCIS still accepts petitions for workers who are exempt or otherwise not subject to the cap. Match your facts to the exemption list before assuming a late first-half filing will survive.
Practical steps if your start date falls before 1 April 2027
If your planned H-2B employment begins between 1 October 2026 and 31 March 2027, and your employer never secured a timely cap-subject receipt by 4 September 2026, a fresh cap-subject petition for the same early start date will not clear the first-half limit. Options depend on timing and status.
- Shift the requested start date to 1 April 2027 or later and prepare for the second-half filing cycle under the remaining 33,000 allocation.
- Review whether named workers already counted in FY 2027 qualify for a non-cap filing under the same-year recount rules.
- Review whether an extension, employer change, or change in employment terms for current H-2B holders fits a non-cap path.
- Watch for any future DHS supplemental H-2B allocation. As of 14 September 2026, USCIS has announced no FY 2027 supplemental numbers.
Employers should also keep Department of Labor temporary labor certification timelines aligned with USCIS receipt windows. A certified labor application alone does not reserve a visa number. The count happens when USCIS receives the I-129 petition for a cap-subject beneficiary.
Documents and checks before you refile
Rebuild your packet around the next lawful start date rather than hoping for an early FY 2027 slot. Confirm the following items against current USCIS and Department of Labor instructions.
- Valid temporary labor certification covering the new start date and work location.
- Form I-129 and H Classification Supplement completed for the correct employment period.
- Evidence of temporary need tied to seasonal, peak-load, intermittent, or one-time need standards.
- Proof of recruitment and wage compliance from the labor certification record.
- Passport biographic pages and prior immigration documents for each named worker.
Check the Cap Count for H-2B Nonimmigrants page and the 11 September 2026 USCIS alert before paying filing fees again. Rejected cap-subject petitions waste money and delay seasonal staffing. Align every start date with an open half-year block.
For workers abroad, plan consular timing after USCIS approval. For workers already in the United States in a different status, confirm change-of-status eligibility and travel risks before filing. Cap rules and status rules operate on separate tracks, so clearing one gate never clears the other.
As of 14 September 2026, first-half FY 2027 H-2B numbers are closed for new cap-subject petitions with start dates before 1 April 2027. Second-half planning is now the primary path for employers and workers who missed the 4 September cutoff. Use the official USCIS Cap Count page as your source of truth for remaining numbers.
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