The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap for H-2B visas covering the first half of fiscal year 2026 has officially been reached. The agency confirmed on Tuesday, September 16, 2025, that the final date for accepting new petitions was September 12. Any filings received after this deadline, requesting employment start dates before April 1, 2026, will be returned without consideration.
This development means that American employers seeking to hire temporary non-agricultural workers under the H-2B program must now wait until the filing window opens for the second half of the fiscal year. The early closure of the filing period underscores how quickly demand continues to outstrip the available supply of visas.
Understanding the H-2B Visa Program
The H-2B visa provides a pathway for U.S. employers to hire foreign workers for seasonal or short-term non-agricultural roles in industries where domestic labour is insufficient. These jobs are critical in fields such as hospitality, landscaping, seafood processing, construction, and recreational services—industries that experience sharp surges in demand tied to seasonal patterns.
Employers benefit by filling positions that might otherwise remain vacant, while foreign workers are able to secure short-term employment opportunities that can significantly improve their earnings. Despite these benefits, the program remains tightly regulated, with Congress setting an annual cap of 66,000 visas—divided equally between the first and second halves of the fiscal year. Historically, demand is so high that these visas are often allocated within days of opening.
Implications for Employers and Workers
For employers, the early exhaustion of the visa quota raises pressing challenges. Businesses in tourism-heavy states, landscaping companies preparing for spring contracts, and seafood processors entering peak harvest periods may find themselves under severe staffing pressure. Without the ability to bring in additional H-2B workers, many companies will either have to reduce operations, increase wages to attract scarce local labour, or face delays in meeting demand.
Foreign workers also bear the impact of the cap. Many applicants invest significant time and money preparing petitions, only to find opportunities cut short once the cap is reached. For those relying on the H-2B program to secure seasonal employment abroad, the closure of the window represents months of lost income.
Past Precedents and Possible Adjustments
In previous years, the U.S. government has occasionally authorized supplemental H-2B visas beyond the standard 66,000 to address acute labour shortages. However, these additional allocations are never guaranteed and depend heavily on policy decisions by the Department of Homeland Security in consultation with the Department of Labor. Employers and workers alike will be monitoring closely to see if similar measures are introduced in the coming months.
Broader Visa Backlogs: EB-1 and EB-2 Caps Also Reached
The visa crunch is not limited to the H-2B category. Earlier in September, USCIS confirmed that both the EB-1 and EB-2 employment-based green card categories have also hit their annual limits for fiscal year 2025.
EB-1 visas, typically reserved for individuals with extraordinary ability, outstanding researchers, and senior multinational executives, are now fully allocated. Similarly, EB-2 visas, which cover professionals with advanced degrees or exceptional skills, have also reached their quota. No additional petitions in these categories will be approved until October 2025, when fiscal year 2026 begins.
Why the Cap Matters
These developments highlight the persistent imbalance between U.S. immigration demand and available supply. For seasonal employers, the exhaustion of the H-2B cap means navigating peak business cycles with fewer workers than required. For skilled professionals awaiting EB-1 or EB-2 approvals, the delays introduce uncertainty that can disrupt career planning, relocation efforts, and long-term investment decisions.
The situation also reignites debates in Washington over whether visa quotas—some of which were set decades ago—still reflect the realities of today’s labour market. While some argue for expanding caps to reflect economic needs, others caution against increasing foreign labour inflows without parallel reforms to protect U.S. workers.
For now, the early closure of the H-2B filing period is a clear signal to employers and foreign applicants: demand continues to outpace supply, and competition for limited U.S. visas remains intense.
