USCIS · H-2B cap
USCIS closes first-half FY 2027 H-2B cap after September 4 receipts
September 4, 2026 was the final receipt date for new cap-subject H-2B petitions requesting employment before April 1, 2027. USCIS says it will reject later cap-subject filings for those start dates.
Published .
Reported and checked by the QueueCheck news desk. Last checked September 11, 2026. How we verify information
September 4 closed the first-half filing window
USCIS has stopped accepting new cap-subject H-2B petitions for the first half of fiscal year 2027. September 4, 2026 was the final receipt date for petitions requesting an employment start date before April 1, 2027. A new cap-subject petition received after September 4 with a requested start date before April 1 will be rejected. The announcement does not cancel a petition USCIS received by the cutoff, but timely receipt is not an approval and the petition still must satisfy all filing and eligibility requirements.
Employers and workers tied to first-half H-2B jobs
U.S. employers preparing new cap-subject H-2B petitions for temporary non-agricultural workers with requested employment start dates before April 1, 2027, and workers whose employment depends on those petitions.
The receipt cutoff USCIS will enforce
- USCIS says it received enough petitions to meet the congressionally established H-2B cap for the first half of FY 2027.
- September 4, 2026 was the final receipt date for new cap-subject petitions requesting an employment start date before April 1, 2027.
- USCIS will reject a new cap-subject petition received after September 4 if it requests employment before April 1, 2027.
- The cutoff is based on the date USCIS receives the petition, not the date an employer mailed or prepared it.
- The announcement applies to cap-subject petitions. A petition that is genuinely cap-exempt follows the applicable USCIS rules rather than this cutoff.
Dates and filings covered by the cap notice
Program: H-2B temporary non-agricultural workers.
Fiscal-year allocation affected: the first half of FY 2027.
Final receipt date: September 4, 2026.
Requested employment dates affected: dates before April 1, 2027.
USCIS action on later cap-subject receipts: rejection.
The annual statutory H-2B cap is generally divided between the two halves of the fiscal year; this notice concerns only the first-half allocation.
Match your filing to the cutoff
USCIS received my petition on September 4
The petition met the announced final receipt date, but that only addresses the cap cutoff. USCIS still must accept and adjudicate the filing under the normal H-2B requirements.
My courier delivered the petition after September 4
If it is a new cap-subject petition requesting employment before April 1, 2027, USCIS says it will reject the filing. A mailing date on or before September 4 does not replace the receipt date.
I believe the petition is cap-exempt
The cutoff does not apply in the same way to a genuinely cap-exempt petition. Confirm the exemption against the current USCIS cap-count guidance and the facts of the filing before relying on it.
H-2B cap questions, answered
Does this mean every H-2B petition is closed?
No. The announcement concerns new cap-subject petitions for workers requested to start before April 1, 2027. USCIS continues to apply separate rules to cap-exempt petitions.
Is a petition received by September 4 approved?
No. Meeting the receipt cutoff only preserves consideration under the cap process. USCIS still reviews filing requirements and eligibility.
Can an employer use a postmark dated September 4?
USCIS identifies September 4 as the final receipt date. The agency's cap process is based on when it receives the petition, not only when it was mailed.
Can we change the requested start date to April 1 or later?
A different start date must reflect the employer's genuine temporary need and remain consistent with the labor certification and petition. The cap notice is not permission to use an inaccurate date.
What happens to later cap-subject petitions
An employer cannot preserve a first-half FY 2027 place by mailing a cap-subject petition after the cutoff. USCIS says later receipts for pre-April 1 start dates will be rejected.
Employers should not change a requested start date merely to avoid the cap without confirming that the date matches the real temporary labor need and the approved labor certification.
A petition received on or before September 4 remains subject to USCIS adjudication. The cap announcement does not mean the petition has been approved or that a worker may begin employment.
Employers considering a later start date or a cap-exempt filing should use the live USCIS instructions and obtain case-specific advice where needed.
Check the receipt date and requested start date
- If USCIS received the petition by September 4, keep the receipt notice and monitor the case through the official USCIS channels. Do not treat cap acceptance as approval.
- If the petition was delivered after September 4 and requests a start date before April 1, prepare for rejection unless the filing is cap-exempt under USCIS rules.
- Before claiming an exemption, compare the petition with the exemption information on the live USCIS H-2B cap-count page.
- Check that the requested employment dates remain consistent across Form I-129, the temporary labor certification and supporting documents.
- Do not file a duplicate petition solely because the cap was announced. Follow any USCIS notice issued for the actual receipt.
Why this is not an H-1B announcement
H-2B allows U.S. employers to seek temporary non-agricultural workers when the regulatory requirements are met. It is separate from the H-1B specialty-occupation program.
The cap is a limit on certain new H-2B workers, not a blanket suspension of every H-2B filing.
USCIS uses the date it physically receives a properly filed petition when identifying the final receipt date. A postmark by itself does not secure a place.
A cap announcement addresses numerical availability. USCIS can still reject or deny a timely petition for another filing or eligibility problem.
What USCIS has not yet reported
- USCIS did not provide an exact publication time in the announcement text available for this update.
- The announcement does not identify how many petitions were received on the final receipt date or whether any separate selection process was necessary.
- This article cannot determine whether a particular petition is cap-exempt, properly filed or approvable.
- USCIS may publish later operational details or supplemental allocations. Employers should use the live official pages before filing.
Official citation: Official H-2B cap notice checked
Published September 11, 2026. Original source: USCIS: H-2B cap for the first half of fiscal year 2027.
- Also checked: USCIS: Cap Count for H-2B Nonimmigrants.