U.S. Citizenship and Immigration Services reports that nearly all H-2B visa slots for the first half of fiscal year (FY) 2026 have been filled.

Key Points:

  • As of Aug. 26, 2025, USCIS has approved 19,346 beneficiaries and has 10,725 pending petitions for the first half of FY 2026. This totals 30,071 beneficiaries against the 33,000 cap, signaling the window for new petitions is rapidly closing.
  • USCIS is currently accepting petitions for employment start dates on or after Oct. 1, 2025, that are subject to the H-2B cap for the first half of FY 2026.
  • Employers planning to hire H-2B workers for the second half of FY 2026 should monitor updates closely, as unused visas from the first half may become available. However, these do not carry over into the next fiscal year.
  • Certain categories of workers are exempt from the H-2B cap, including those extending their stay, changing employers or previously counted in the same fiscal year. Specific roles such as fish roe processors and workers in Guam or the Northern Mariana Islands are also exempt until Dec. 31, 2029.
  • BAL will continue to monitor H-2B cap developments and post updates.

USCIS FY 2026 H-2B visa cap count snapshot

Cap type Cap amount Beneficiaries approved Beneficiaries pending Total beneficiaries Date of last count
H-2B: First half of FY 2026 33,000 19,346 10,725 30,071 8/26/2025

Additional Information: The Immigration and Nationality Act sets an annual cap of 66,000 H-2B visas, split evenly between two halves of the fiscal year. The first half covers Oct. 1 to March 31, and the second half spans April 1 to Sept. 30. Unused visas from the first half may roll into the second half, but not into the next fiscal year. The figures released by USCIS are preliminary and may exceed the cap to account for withdrawals, denials or unused approvals.

The H-2B program enables U.S. employers to hire foreign nationals for temporary nonagricultural roles. While the cap controls visa issuance, exemptions provide flexibility for ongoing employment and specialized labor needs.

This alert has been provided by the BAL U.S. Practice Group.

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