U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to meet the congressionally mandated H-2B cap for the first half of fiscal year 2026. The final receipt date for petitions requesting employment start dates before April 1, 2026, was September 12, 2025. Any petitions received after that date will be rejected if they are subject to the cap.
This decision signals another year of strong demand for the H-2B temporary nonagricultural worker program, which employers across industries depend on to meet seasonal labor needs. From landscaping to hospitality, the demand continues to outpace supply.
What the H-2B Cap Means for Employers
The H-2B cap is set by Congress at 66,000 visas per fiscal year, divided equally between the two halves of the year. That means 33,000 visas are allocated for employment starting in the first half (October 1–March 31) and 33,000 for the second half (April 1–September 30).
Once the number of petitions reaches the cap, USCIS stops accepting new petitions until the next allocation window opens. Employers who miss the deadline must either wait until April 2026 or explore alternative visa programs.
Industries most affected by this year’s early closure include:
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Hospitality and Tourism: Resorts and hotels rely heavily on temporary workers during winter peaks.
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Construction: Seasonal demand in warmer states often peaks during the early fiscal year months.
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Landscaping: Companies preparing for spring contracts now face workforce shortages.
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Seafood Processing: Fishing and crabbing businesses have historically depended on H-2B workers for processing.
For many businesses, the sudden closure of the window forces difficult operational decisions, including scaling back services or raising wages to attract local workers.
Impact on H-2B Workers
The H-2B cap also directly impacts workers outside the United States hoping for temporary employment. Thousands of workers from countries like Mexico, Jamaica, and the Philippines depend on the program for seasonal income.
Long-term participants often return to the same U.S. employers year after year, building reliability and trust. The cap leaves many without opportunities, forcing them to seek other programs or rely on employers to file under cap-exempt categories.
Some workers may still qualify under H-2B returning worker provisions if additional visas are released through discretionary authority. However, those allocations depend on congressional or DHS action, which is never guaranteed.
Key Dates Employers Must Note
To navigate the H-2B process, employers must stay alert to filing deadlines. Missing even a single date can make the difference between getting workers and losing an entire season’s contracts.
Here is a breakdown of important dates for fiscal year 2026:
| Period | Visa Allocation | Start Date Window | Final Filing Date |
|---|---|---|---|
| First Half | 33,000 | Oct. 1, 2025 – Mar. 31, 2026 | Sept. 12, 2025 (cap reached) |
| Second Half | 33,000 | Apr. 1, 2026 – Sept. 30, 2026 | TBD by USCIS |
Employers must also coordinate with the Department of Labor (DOL) for temporary labor certifications before filing petitions with USCIS. Without the DOL certification, USCIS will deny the petition regardless of available visas.
Why the H-2B Cap Fills So Quickly
The H-2B cap often fills months ahead of the work start date. Several factors contribute to this surge:
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High Employer Demand: Seasonal industries continue to expand, while domestic labor shortages persist.
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Limited Cap Numbers: The 66,000 annual visas fall short of the actual labor need.
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Legal Filing Strategies: Employers file early and in bulk to secure slots.
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Foreign Worker Reliability: Many employers prefer returning H-2B workers who are already trained and experienced.
This year, the cap was met even earlier than in past cycles, confirming predictions that the program remains oversubscribed.
Fraud and Compliance: USCIS Crackdown
With rising demand, USCIS is stepping up enforcement to prevent fraud and abuse. Anyone, including U.S. workers, can report suspected violations using USCIS’s online tip form.
Common violations include:
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Misrepresentation of job conditions.
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Inflated recruitment efforts that do not truly seek U.S. workers.
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Workers assigned to unauthorized job sites.
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Wage abuses and contract violations.
Employers found guilty of violations may face fines, debarment from the H-2B program, and even criminal prosecution.
Options for Employers After the Cap
Employers shut out by the H-2B cap must consider alternatives. Some possibilities include:
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Cap-Exempt H-2B Petitions: Certain cases, such as those filed by fish roe processing companies, may qualify.
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H-2B Returning Worker Programs: If Congress authorizes supplemental visas, returning workers may reapply.
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H-1B and Other Visas: For specialized roles, the H-1B or other work visas may be possible.
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Domestic Recruitment: Expanding efforts to hire local workers, though often challenging in seasonal industries.
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J-1 Exchange Visitor Programs: Some employers explore J-1 visas for interns and trainees.
USCIS regularly posts updates on supplemental visa allocations at uscis.gov.
Workers’ Perspective: Opportunities and Challenges
For foreign nationals, the H-2B cap represents both opportunity and uncertainty. Successful applicants gain access to higher U.S. wages and a chance to support families back home. Unsuccessful applicants often face financial hardship after investing in recruitment and travel.
The uncertainty also creates risks of fraud abroad. Unscrupulous recruiters may charge illegal fees, promising jobs that never materialize. Workers are urged to verify job offers directly with the U.S. Department of State or USCIS before paying any money.
Calls for Reform of the H-2B Cap
Business associations, especially in hospitality and agriculture, continue to lobby for an increase in the annual H-2B cap. They argue that labor shortages directly affect the U.S. economy and consumer prices.
Proposals for reform include:
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Increasing the annual visa cap beyond 66,000.
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Creating permanent returning worker exemptions.
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Streamlining recruitment to prevent delays.
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Strengthening worker protections to prevent abuse.
Congress has occasionally authorized temporary increases through appropriations, but these expansions are often inconsistent, leaving employers with uncertainty year after year.
Legal Guidance Is Essential
For both employers and workers, navigating the H-2B cap process requires careful legal strategy. Filing deadlines, DOL certifications, and USCIS requirements are complex and unforgiving.
Mistakes can lead to denials, delays, or even permanent bans from the program. Employers who need consistent seasonal staffing should consult qualified immigration attorneys to plan petitions well ahead of deadlines.
Maple Crest Immigration Law: Helping You Navigate the H-2B Program
The demand for temporary nonagricultural workers shows no signs of slowing, and the H-2B cap will continue to challenge both employers and workers. The consequences of missing deadlines are significant, and compliance is stricter than ever.
Maple Crest Immigration Law helps employers and workers secure their place in the program. With years of experience in U.S. work visa processes, the firm guides clients through every stage, from DOL certification to USCIS filing and beyond.
Employers and workers should not wait until the cap closes to seek help. Early planning is the only way to avoid missed opportunities.
Contact Maple Crest Immigration Law today to secure your workforce needs and protect your rights under U.S. immigration law.
