USCISILW · 3 min read

USCIS Reaches H-2B Cap for First Half of FY 2027: What Employers Need to Know

USCIS has announced it received enough petitions to reach the H-2B visa cap for the first half of FY 2027. Employers seeking H-2B workers for early 2027 must now plan around this cap limit.

· Source: ILW
U.S. Citizenship and Immigration Services (USCIS) has officially announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of fiscal year 2027. This cap applies to temporary nonagricultural workers seeking employment in the United States during the first half of the fiscal year. The H-2B visa program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. Congress sets a statutory cap of 66,000 H-2B visas per fiscal year, split equally between the first and second halves — 33,000 for each half. For employers who rely on seasonal or temporary workers — particularly in industries like hospitality, landscaping, and construction — this cap announcement signals that no further H-2B petitions will be accepted for the first half of FY 2027 unless the applicant qualifies for a statutory exemption. While H-2B is a temporary nonimmigrant visa and distinct from the EB-3 green card category, this development is relevant to the broader employment-based immigration landscape. Some H-2B workers and employers explore EB-3 pathways as a longer-term permanent residency solution. The cap being reached early underscores ongoing demand pressures in the U.S. labor-based immigration system. Employers planning future workforce needs should consult with immigration counsel to evaluate alternatives, including EB-3 sponsorship, for workers requiring longer-term authorization.

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