United States | H-2B visa cap reached for first half of FY 2026

U.S. Citizenship and Immigration Services announced that it has received enough petitions to meet the congressionally mandated cap for H-2B visas for the first half of fiscal year (FY) 2026.

Key Points:

• Sept. 12, 2025, was the final receipt date for new cap-subject H-2B petitions requesting employment start dates before April 1, 2026.
• USCIS will reject any new cap-subject petitions received after Sept. 12 that request a start date before April 1, 2026.
• The annual cap of 66,000 H-2B visas is split evenly between the first and second halves of the fiscal year.
• The cap will reset on Oct. 1, 2025, at the start of FY 2026, allowing embassies and consulates to resume issuing visas in this category.
• The cap will reset again on Oct. 1, 2026, for FY 2027.

Additional Information: USCIS announced in late August that nearly all H-2B visa slots for the first half of FY 2026 had been filled. 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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