On September 16, 2025, U.S. Citizenship and Immigration Services (USCIS) confirmed that enough petitions have been filed to meet the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2026. This cap, which limits the number of non-agricultural temporary worker visas that can begin employment during the October 1 – March 31 period, was set at 33,000.
The final receipt date for new cap-subject H-2B petitions requesting employment start dates before April 1, 2026 was September 12. Any new petition received after that date for employment in that earlier period must be rejected.
What This Means if You’re Planning to Apply
If you are an employer seeking to hire H-2B workers, or someone hoping to apply for an H-2B visa, here are the important implications:
- No more cap-subject petitions: Any petitions with start dates before April 1, 2026 cannot be accepted. Employers must wait until the second half of FY 2026 (April – September) to file new cap-subject petitions.
- Exemptions still apply: Some workers are exempt from the cap, such as those already counted or those extending/changing status, or certain fish roe processors, or those working in Guam or the Commonwealth of the Northern Mariana Islands. These petitioners might still have a path forward.
- Plan ahead: Because demand is now meeting the cap so early in the fiscal period, timelines may be tighter, and competition for the limited number of visa slots in the second half of the year may be more intense.
Why This Matters
The H-2B visa program is crucial for many U.S. employers who rely on non-agricultural temporary workers for seasonal, peak-load, or one-time work tasks. This cap also includes those applying for a nanny or caretaker visa. Reaching the cap early signals strong demand and means that employers and workers must be more vigilant and proactive in planning.
What You Can Do Now
If you or your organization are impacted:
- Assess whether your situation is “cap-subject” or “cap-exempt”. If you are exempt, you may still proceed. The USCIS website gives information on workers who are exempt from the H-2B cap.
- Start preparing for the second half of FY 2026. That includes gathering documentation, filing early, budgeting for legal or filing fees, and ensuring all requirements are in order.
- Seek legal guidance: Immigration law can be complex, and USCIS announcements like this can change how petitions are processed. Our qualified immigration attorneys can help ensure your petition is valid, timely, and complete.
Need Help Navigating This?
At ILOLA, we specialize in immigration and visa processes, including all aspects of H-2B petitions. If you’re considering applying for an H-2B visa in the second half of 2026, contact us today. We can help evaluate your options, build your petition, and guide you through current timelines with confidence. Call us at (213) 375-4084 or fill out the form on our contact page to discuss your case.
