H-2B for 2027: Filing Timeline, the Cap, and Alternatives if You Miss It
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
What is the realistic H-2B filing timeline for 2027, and how does the annual cap affect planning?
What are realistic alternatives if we miss the cap?
Attorney Answer
Plan from the first date of need and distinguish fiscal year 2027 (which began October 1, 2026) from calendar 2027. The first-half FY2027 cap is already closed: USCIS announced that September 4, 2026 was the final receipt date for cap-subject petitions with start dates before April 1, 2027. For an April 1, 2027 start, the DOL application must be filed no more than 90 and no fewer than 75 days before the date of need (20 C.F.R. § 655.15(b)), which is January 1 to January 16, 2027; OFLC had not announced its procedure for that window as of September 22, 2026. For October 1, 2026 starts, OFLC's window ran July 3 to 5, 2026 (2,625 applications for 51,158 positions). The prevailing-wage determination should be requested early. The regulation's registration step (§ 655.11, 120 to 150 days before need) exists in the text but has not been enforced; check OFLC before treating it as a deadline.
The statutory cap is 66,000 a year, 33,000 in the first half (8 U.S.C. § 1184(g)(1)(B), (g)(10)), and certification does not reserve a visa. Congress has authorized supplemental visas each year since FY2017 - the FY2026 rule (91 FR 5040) added up to 64,716 and expired September 30, 2026 - but no FY2027 supplemental rule existed as of September 22, 2026; do not assume one.
If you miss the cap: hire already-authorized U.S. workers; use cap-exempt extensions or employer changes for workers already counted, or portability for a worker already in H-2B status who has not worked without authorization since the last admission (8 C.F.R. § 214.2(h)(2)(i)(I) - the authorization ends if the new petition is denied); watch for a supplemental allocation and its returning-worker rules; and treat EB-3/PERM as a multi-year permanent-workforce plan, not a fix. TN, H-1B and H-2A each require their own qualifying job, and the TN list has no roofer, laborer or construction trade. Do not use tourist visas, sham subcontracting or false dates.
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Frequently Asked Questions
Is the H-2B cap for the first half of fiscal year 2027 still open?
No. USCIS announced that September 4, 2026 was the final receipt date for cap-subject petitions with start dates before April 1, 2027.
When should an employer file for an April 1, 2027 start?
The Department of Labor application must be filed no more than 90 and no fewer than 75 days before the date of need, which for April 1, 2027 is January 1 to January 16, 2027.
What are the options if we miss the cap?
Hire workers who are already authorized, use cap-exempt extensions or portability for workers already in H-2B status, watch for a supplemental allocation, and treat EB-3 as a multi-year plan. Tourist visas, sham subcontracting and false dates are never options.