H-2B cap 2027: start-date test for viable petitions

USCIS treated September 4, 2026 as the last day it received cap-subject H-2B petitions for starts before April 1, 2027, and it will deny cap-subject H-2B petitions received after that date for those start dates. The first-half FY2027 H-2B visa limit filled on September 11, 2026. For HR leads and mobility managers, the post-cap decision is less about worker eligibility and more about the filing calendar.

The start date decides viability

A cap-subject petition is viable only when the requested start date fits an open allocation. A cap-exempt petition can move on a different clock. Once the first-half limit is reached, a late filing does not join a waiting line for the same start date. It asks for a different start date, a different allocation, or a different route. Run the start-date test before form review.

The post-cap decision tree follows the start date

The trap is treating a late filing as a technicality. When the start date has already closed the cap-subject path, a cleaner form will not reopen it. Change the start date or the route; do not resubmit the same petition.

• Inventory open cases by requested start date, worker, role, and filing status. Keep the table in the case file.
• Stop cap-subject petitions with the closed start dates. Close the draft, note the case file, and make no new filing for that start date.
• Re-date or refile for the second-half allocation: 33,000 visas for workers starting April 1 through September 30, 2027. Revise the job order and petition form before filing so the submission lands inside the applicable window.
• Check cap-exempt routes before assuming the cap blocks the hire. Cap-exempt H-2B routes remain available, including work in the Commonwealth of Northern Mariana Islands or Guam through December 31, 2029. Write a memo identifying the exemption, work location, and end date.
• Confirm the next official filing window before submitting, and save the dated confirmation with the petition in the case file.

The allocation expires after the second half

The first-half FY2027 allocation was 33,000 visas for workers starting between October 1, 2026 and March 31, 2027. Unused first-half numbers can be used for second-half FY2027 hires, but they do not carry into the next fiscal year. For seasonal hiring, a missed first-half start may still work in the second half if a number is available. Track that expiration in the filing calendar.

Before filing, line up the job order, worksite details, wage statement, and start date. A moved start date moves the supporting documents with it. A mismatch can reject a petition even when the cap is not the issue.

For seasonal hiring, the evidence should show why the work is temporary and why the requested start date is necessary. Use a later start when the business case supports it. Otherwise, the petition may need a different route or a different fiscal period.

One owner controls the filing window

Assign one owner to the filing window. That person tracks the official guidance, the internal deadline, and the submission confirmation. The owner should keep the receipt date, the requested start date, and the filing confirmation in the same case note. The window is the control point for whether a late cap-subject petition can be received.

Save the confirmation with the petition. A dated screenshot, a written notice, or a published update should sit in the same folder as the forms and the case note. A changed window should be visible in the file, showing what was known at the time of filing.

After a rejection, re-run the start-date test first. Check whether the requested start still fits an available allocation, whether the route is cap-exempt, and whether the filing window was checked before submission. Then fix the underlying mismatch.

Keep a short rejection note in the case file. It should say what was rejected, why the start date failed or passed, and what the next filing step is. That note becomes the record for the next attempt.