H-2B Visa Cap Reached: Late Applications Rejected

• All 33,000 USCIS spots filled
• Deadline: September 4
• The new period starts in April

USCIS announced on Friday, September 11, that it has reached the limit of available H-2B visas for the first half of fiscal year 2027.

The regular cap allows up to 33,000 workers during the first six months, half of the annual limit of 66,000 set by Congress.

The deadline was set on September 4, 2026, when USCIS received enough petitions to reach the maximum for this period.

This means that employers and workers who were seeking to join later now face a significant restriction before the next availability period.

H-2B Visa Cap for 2027 Is Used Up

Why it matters: The closure affects temporary hiring in sectors that depend on foreign workers to cover seasonal or short-term needs.

The fact: The regular cap is divided into 33,000 workers from October to March and another 33,000 from April to September.

The process: The employer submits the petition to USCIS after meeting the corresponding labor requirements; reaching the limit changes, which cap-subject cases can be accepted.

What can they do? Employers and applicants must verify whether their case is subject to the limit, whether it falls into an exempt category, and which period it corresponds to.

Which H-2B Applications Will Be Rejected by USCIS?

USCIS indicated that it will reject new cap-subject petitions received after September 4 for employment starting before April 1, 2027.

The distinction is important: the announcement does not mean that the H-2B program has disappeared or that all petitions are suspended.

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USCIS considers categories that may be exempt from the regular cap, so each employer must determine if the petition is actually subject to the cap.

The system establishes two semi-annual allocations: the first covers jobs starting between October and March; the second covers jobs starting between April and September.

When Will H-2B Visas Be Available Again?

The second half of the fiscal year has up to 33,000 regular spots for workers whose employment starts between April 1 and September 30, 2027.

Therefore, April 1, 2027, marks the start of the second employment period, although employers must follow the official calendars and requirements for submitting their petitions.

H-2B visas allow U.S. companies to temporarily hire foreigners for non-agricultural jobs when they meet the conditions established to demonstrate a temporary need.

Among the activities that typically use this program are hospitality, landscaping, construction, maintenance, and other sectors with temporary or seasonal needs.

Form I-129 Also Changes for Employers

The process with USCIS is handled through Form I-129, Petition for a Nonimmigrant Worker, which employers use to request certain temporary work classifications.

According to information from USCIS, there is also a transition to a new edition of the form that employers must be aware of before submitting documentation.

Until November 8, 2026, the February 27, 2026, edition can also be used, according to the agency’s calendar.

As of November 9, 2026, USCIS indicates that it will only accept the 09/09/26 edition, so using an incorrect version could result in rejection of the process.

Sources: Heraldo USA, USCIS official page.