U.S. Citizenship and Immigration Providers (USCIS) introduced Tuesday that it has obtained sufficient petitions to fulfill the congressionally established H-2B cap for the primary half of fiscal 12 months 2026.
The company confirmed that September 12 was the ultimate receipt date for brand new cap-subject H-2B employee petitions requesting an employment begin date earlier than April 1, 2026. Any petitions obtained after that date for employment starting earlier than April 1 will probably be rejected.
The H-2B visa program permits U.S. employers to rent non permanent non-agricultural staff when there aren’t sufficient U.S. staff accessible. Underneath the Immigration and Nationality Act, Congress has established a statutory restrict—or cap—on the overall variety of H-2B visas granted every fiscal 12 months. The present cap is ready at 66,000 staff, break up evenly between the primary half of the fiscal 12 months (October 1–March 31) and the second half (April 1–September 30). Unused numbers from the primary half could also be used within the second half, however they don’t carry over into the next fiscal 12 months.
USCIS emphasised that the cap applies to almost all H-2B candidates, together with first-time candidates, these looking for to resume their visa, or people altering the phrases of their employment. Petitions for staff who’re exempt from the cap—reminiscent of these already in the USA in H-2B standing extending their keep, altering employers, or modifying their employment phrases—will proceed to be accepted. Likewise, staff who’ve beforehand been counted towards the cap in the identical fiscal 12 months aren’t topic to the restrict if indicated on the petition.
Different classes exempt from the cap embrace the spouses and youngsters of H-2B staff categorized as H-4 nonimmigrants, fish roe processors, fish roe technicians, and supervisors of fish roe processing. Moreover, staff performing labor or companies within the Commonwealth of the Northern Mariana Islands or Guam stay exempt till December 31, 2029.
The company warned that candidates scheduling interviews outdoors the usual course of or making an attempt to avoid the cap could face rejection, and charges for petitions which can be denied as a result of cap aren’t refundable. USCIS additionally inspired the general public to report suspected fraud or abuse associated to the H-2B program by means of its on-line tip type.
Because the first-half cap for fiscal 12 months 2026 has been reached, solely exempt staff or these not topic to the cap will proceed to be accepted. Employers planning to rent H-2B staff for the second half of the fiscal 12 months, starting April 1, 2026, can nonetheless submit petitions as soon as the second-half cap turns into accessible.
