What We Know about the H-1B Presidential Proclamation:
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2026 (October 1 – March 31) is 33,000. As of the last count (8/12/25). – USCIS Reaches H-2B Cap for First Half of FY 2026
The H-2B cap limit for second half of FY 2026 (April 1 – September 30) is 33,000. As of the last count (8/26/25); 0 beneficiaries have been approved and 0 are pending for a total of 0.
On Tuesday, September 16, 2025, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2026. September 12, 2025 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2026. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2026. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.
For more detailed information about this subject please review the USCIS News Alert, “USCIS Reaches H-2B Cap for First Half of FY 2026“.
Source of Information:
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2026 (October 1 – March 31) is 33,000. As of the last count (8/26/25); 19,346 beneficiaries have been approved and 30,071 are pending for a total of 10,996.
The H-2B cap limit for second half of FY 2026 (April 1 – September 30) is 33,000. As of the last count (8/26/25); 0 beneficiaries have been approved and 0 are pending for a total of 0.
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2026 (October 1 – March 31) is 33,000. As of the last count (8/11/25); 4,094 beneficiaries have been approved and 6,902 are pending for a total of 10,996.
The H-2B cap limit for second half of FY 2026 (April 1 – September 30) is 33,000. As of the last count (8/11/25); 0 beneficiaries have been approved and 0 are pending for a total of 0.
The U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, April 23, 2025, that they have received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the second half of fiscal year (FY) 2025!
For more information, please review the USCIS News Alert, “Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2025“
Source of Information:
The U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, April 23, 2025, that they have received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the second half of fiscal year (FY) 2025!
For more information, please review the USCIS News Alert, “Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2025“
Source of Information:
On Wednesday, March 26, 2025, USCIS announced that it has reached the H-2B cap for the second half of fiscal year 2025. March 5, 2025, is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2025. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the second half FY2025.
For more detailed information about this subject please review the USCIS News Alert, “USCIS Reaches H-2B Cap for Second Half of FY 2025 and Filing Dates Now Available for Supplemental Visas“.
The USCIS has included the link to the filing dates for the second half of FY 2025 Supplemental Visas, “Temporary Increase in H-2B Nonimmigrant Visas for FY 2025“.
On December 18, 2024, the Department of Homeland Security (DHS) published a new H-2 final rule and it will take effect on January 17th, this Friday! USCIS Alert stated, “The H-2 final rule significantly strengthens worker protections by, among other things, imposing new consequences on companies that charge prohibited fees or violate our labor laws, and provides greater flexibility for H-2A and H-2B workers.”
For more information, please review the USCIS News Alert, “H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Effective Jan. 17, 2025“!
Source of Information:
On December 18, 2024, the Department of Homeland Security (DHS) published a new H-1B final rule and it will take effect on January 17th, this Friday! USCIS Alert stated, “The H-1B final rule modernizes the H-1B program by streamlining the approval process, increasing its flexibility to better allow employers to retain talented workers, and improving the integrity and oversight of the program.”
For more information, please review the USCIS News Alert, “H-1B Final Rule, H-2 Final Rule, and Revised Form I-129 Effective Jan. 17, 2025“!
Source of Information:
H1B Visa Lawyer Blog