USCIS reaches H-2B cap for first half of fiscal year 2026: What US employers need to know

 

The U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally established H-2B visa cap for the first half of fiscal year 2026. As of September 12, 2025, USCIS has received enough petitions to fill the cap for the first half, which means any new petitions received after that date will be rejected for workers seeking an employment start date before April 1, 2026.

The H-2B program allows U.S. employers to bring foreign workers to fill temporary non-agricultural jobs, helping meet labour shortages across various industries. However, the numerical cap restricts the number of H-2B visas available each year, and USCIS has officially confirmed that the cap for the first half of fiscal year 2026 has now been met.

Understanding the H-2B Cap

The H-2B cap is set annually by Congress and limits the total number of foreign workers allowed to enter the U.S. under the program. The cap is divided into two halves:

• 33,000 workers are allocated for employment starting between October 1 and March 31.

• 33,000 workers are allocated for employment starting between April 1 and September 30.

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If the full cap isn’t met in the first half, the unused numbers are made available for the second half. However, any unused numbers from one fiscal year do not carry over into the next.

This year, 33,000 H-2B workers have been authorized for the first half of fiscal year 2026, with the final receipt date of September 12 marking the cutoff for petitions.

Changes to the H-2B Visa System

The H-2B visa program is intended for employers who need temporary workers for non-agricultural jobs. Under U.S. immigration law, once the cap is reached, only exempted workers or those who don’t count towards the cap will be accepted. Some of the workers exempt from the H-2B cap include:

• Fish roe processors, fish roe technicians, or supervisors of fish roe processing.

• Workers in Guam and the Commonwealth of the Northern Mariana Islands until December 31, 2029.

Additionally, current H-2B workers who are extending their stay, changing employers, or working under the same petition are not counted toward the cap.

Impact of Reaching the H-2B Cap

The H-2B cap for fiscal year 2026 was reached earlier than expected, leaving employers scrambling to finalize their petitions. For those still looking to hire temporary foreign workers for the first half of 2026, they can no longer file new petitions unless they meet specific exemptions.

This year’s first-half cap was met quicker than usual, signaling the high demand for temporary workers across various industries. While this change may create challenges for employers, it’s also a reminder of how limited the H-2B visa slots are, and that businesses must stay ahead of application timelines.