What USCIS Exactly Announced
The H-2B program allows U.S. employers to temporarily hire foreign nationals for non-agricultural jobs of a seasonal, peak load, intermittent, or one-time occurrence nature—when there is a shortage of available American workers. Congress has established an annual cap of 66,000 H-2B visas, split evenly across two halves of the fiscal year: 33,000 for workers starting employment in the first half (October 1 – March 31) and 33,000 for the second half (April 1 – September 30).
According to a USCIS announcement on September 11, 2026, the agency received enough petitions to reach the cap for the first half of fiscal year 2027. September 4, 2026 was the last day USCIS accepted new cap-subject petitions with a start date for employment prior to April 1, 2027. Petitions filed after this date with such a start date are being rejected.
Who Is Affected and What Are the Exceptions
The restriction applies exclusively to new cap-subject petitions. Exempt from the cap are: H-2B workers already in the U.S. who are extending their stay, changing employers, or altering terms of employment; workers already counted against the cap in the same fiscal year, if the employer indicates this on the petition; spouses and children of H-2B workers with H-4 status; and—regardless of the cap—fish roe processors, as well as workers in Guam and the Northern Mariana Islands.
Unused numbers from the first half of the fiscal year automatically roll over into the second-half pool—but unused visa numbers from one fiscal year never roll over into the next year.
What This Means for Polish Seasonal Businesses
Polish-run businesses that rely on H-2B every year—in landscaping, construction, hospitality, or processing—and planned to hire new seasonal workers starting later this calendar year or early 2027 can no longer submit a new cap-subject petition for that period. Practical options include: waiting for the opening of the second-half cap for fiscal year 2027 (work starting April 1, 2027), planning the application well in advance—as USCIS typically opens filing for the next period several months prior to its start—or checking whether the needed worker qualifies for one of the cap exemptions, such as a returning worker already counted earlier in this fiscal year.
In certain previous fiscal years, the Department of Homeland Security issued regulations providing for an additional, temporary pool of H-2B visas beyond the statutory cap when employers demonstrated the threat of “irreparable harm” without additional workers. As of today, no such decision has been announced for fiscal year 2027—employers tracking this possibility should monitor subsequent announcements from USCIS and DHS.
When the Next Window Opens
The cap for the second half of fiscal year 2027 (work from April 1 to September 30, 2027) represents a separate pool of 33,000 visas. USCIS typically begins accepting petitions for a given period several months before it starts, following the agency’s publication of the filing date—the exact opening date for the spring 2027 period has not yet been announced. Employers planning to hire starting in April should prepare their documentation now: an approved temporary labor certification from the Department of Labor is a prerequisite for filing Form I-129, and obtaining it takes weeks.
For industries most heavily dependent on H-2B—landscaping and grounds maintenance, hospitality and seasonal food service, construction, and food processing—recent years show that caps are filling up faster and faster. Submitting a complete application early, even before the window officially opens, is sometimes the only way to secure a spot in the pool.
This material is for informational purposes only and does not constitute legal advice. H-2B petition deadlines and qualification for cap exemptions should be verified with an immigration attorney or a seasonal worker recruitment agent.
Businesses planning to hire seasonal workers and needing legal or staffing support can find Polish specialists in the Polish Pages directory.
