USCIS Reaches H-2B Cap for First Half of Fiscal Year 2026
U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year 2026. Sept. 12 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2026. USCIS will reject new cap-subject H-2B petitions received after Sept. 12, that request an employment start date before April 1, 2026.
FAQ
What does it mean that the H-2B cap for the first half of fiscal year 2026 has been met?
This means that U.S. Citizenship and Immigration Services (USCIS) has received enough H-2B petitions to reach the maximum number of visas allowed by Congress for the first half of FY 2026. No new standard H-2B cap-subject petitions with a work start date before April 1, 2026, will be accepted after September 12.
Can I still submit an H-2B petition for an employment start date before April 1, 2026?
No. USCIS will reject H-2B petitions received after September 12, 2025, that request an employment start date before April 1, 2026, because the cap has been reached.
Are there any exceptions to the H-2B cap?
Yes, certain H-2B petitions are not subject to the cap, including requests for current H-2B workers to extend their stay, change employers, or change the terms of their employment, as well as certain other exceptions. Please contact us at Wilner & O’Reilly for an evaluation of your specific situation.
What should I do if I suspect fraud or abuse in the H-2B program?
If you suspect fraud or abuse related to the H-2B program, you may submit information or tips directly to USCIS using their online tip form. We can also advise you on the appropriate steps to take if you have concerns.
Can I apply for an H-2B visa for an employment start date on or after April 1, 2026?
Yes. Petitions for H-2B workers with employment start dates on or after April 1, 2026, may still be submitted. The cap for the second half of fiscal year 2026 has not yet been reached.
What is the H-2B visa program?
The H-2B visa program allows U.S. employers to hire temporary non-agricultural workers from abroad when qualified U.S. workers are unavailable. There is an annual numeric cap on the number of visas available.
How can I find out if the H-2B cap has been met for a specific period?
You can check the latest H-2B cap count updates through official USCIS channels or contact us at Wilner & O’Reilly and we can help provide timely information regarding cap availability.
If my petition was rejected due to the cap, what are my options?
If your H-2B petition was rejected due to the cap, you may need to wait until the next available filing period. Alternatively, we can evaluate whether any cap-exempt categories or exceptions may apply to your situation.
What should employers do now that the H-2B cap has been reached?
Employers should assess if their needs can be met by filing for cap-exempt workers or plan ahead for the next cap season. We are ready to assist with strategic planning for your temporary workforce needs.
Can current H-2B workers extend or change their status even though the cap has been met?
Yes. Petitions filed for current H-2B workers that involve extensions, changes of employer, or changes in employment terms are generally exempt from the cap. We can assist with preparing and submitting those petitions.
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