The H-2B Program Overview

The H-2B program allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs in the United States. For comprehensive information on the H-2B program, please refer to the “Temporary Non-Agricultural Workers: H-2B” page.

Understanding the H-2B Cap

The Immigration and Nationality Act (INA) sets a numerical limit, or “cap,” on the total number of H-2B visas or statuses granted each fiscal year. Currently, the annual cap is 66,000, divided into two halves: 33,000 for workers starting employment between October 1 and March 31, and 33,000 for those starting between April 1 and September 30. Any unused visas from the first half become available for the second half, but unused visas do not carry over to the next fiscal year.

Reporting H-2B Fraud

Individuals who suspect H-2B fraud or abuse, including U.S. and H-2B workers, can report their concerns using the online tip form.

H-2B Cap Exemptions

Certain categories of workers are exempt from the H-2B cap:

• Workers already in the U.S. on H-2B status who are extending their stay, changing employers, or altering employment terms.
• H-2B workers previously counted against the cap within the same fiscal year, if the employer identifies them on the petition.
• Spouses and children of H-2B workers holding H-4 nonimmigrant status.
• Fish roe processors, technicians, and supervisors.
• Workers performing labor in the Commonwealth of the Northern Mariana Islands (CNMI) or Guam until December 31, 2029.

Once the H-2B cap is reached, USCIS will only accept petitions for workers who are exempt from the cap.

H-2B Cap Count of Fiscal Year 2025

First Half of FY 2025:

On September 19, 2024, USCIS announced that the congressionally mandated H-2B cap for the first half of Fiscal Year 2025 had been reached. The “final receipt date,” meaning the date USCIS determined it had received enough cap-subject petitions to reach the 33,000 worker limit, was September 18, 2024.

Second Half of FY 2025:

On March 26, 2025, USCIS announced that the H-2B cap for the second half of Fiscal Year 2025 had also been reached. The “final receipt date” for this period was March 5, 2025, when USCIS determined it had received enough cap-subject petitions to reach the 33,000 worker limit for the second half of the fiscal year.

Important Disclaimer: Preliminary H-2B Cap Estimates

It is crucial to understand that the figures provided above are preliminary estimates. They are intended solely to provide the public with an approximate count of H-2B visa beneficiaries who are subject to the Immigration and Nationality Act (INA) cap for the respective fiscal year.