The H-2B cap limits how many new H-2B workers can receive visas or status each fiscal year. Because employers request far more workers than the cap allows, the cap shapes the strategy of nearly every case. This chapter explains how the H-2B cap is divided, how DOL’s January lottery works, what supplemental visas are, and which petitions do not count against the cap at all.
H-2B Visa Guide · Chapter 4 of 11
H-2B Visa Guide: all 11 chapters
- 1. H-2B Visa Requirements
- 2. H-2B Temporary Need
- 3. The H-2B Process Step by Step
- 4. The H-2B Cap and Lottery
- 5. H-2B Employer Obligations
- 6. H-2B Notices of Deficiency, RFEs and Denials
- 7. The H-2B Visa Interview
- 8. H-2B for Families
- 9. H-2B Extensions and the EB-3 Green Card
- 10. H-2B Compliance
- 11. H-2B Forms and Glossary
Key takeaways on the H-2B cap
- The statutory H-2B cap is 66,000 per fiscal year: 33,000 for start dates from October 1 to March 31, and 33,000 for start dates from April 1 to September 30, plus first-half numbers left unused.
- For April 1 start dates, nearly all demand arrives in the first three days of January. DOL places those applications in a randomized order, so the filing date alone does not secure a place in line.
- The October 1 window, filed in early July, is less crowded but has its own hard stop. For the first half of fiscal 2027, USCIS’s final receipt date was September 4, 2026.
- Supplemental visas have been released in recent years, but on different terms and timelines each year. Treat them as a possibility, not a plan.
- Extensions, changes of employer for current H-2B workers and certain other petitions are cap-exempt.
How the H-2B cap is divided
The federal fiscal year runs from October 1 to September 30. The cap counts workers by employment start date:
| Half of the fiscal year | Start dates covered | Numbers | DOL filing window |
|---|---|---|---|
| First half (“October cycle”) | October 1 to March 31 | 33,000 | From early July for October 1 starts |
| Second half (“April cycle”) | April 1 to September 30 | 33,000 plus unused first-half numbers | January 1 to 3 for April 1 starts (randomized) |
USCIS counts a worker against the cap when it approves the petition, but it closes the cap based on petitions received. Once it projects enough approvals to reach the limit, it announces a final receipt date. Petitions received after that date, for start dates in that half, are rejected.
The January H-2B cap lottery
Form ETA-9142B must be filed 75 to 90 days before the date of need. For an April 1 start, that means January 1 through January 16. In practice, employers file on day one. For several years, DOL has handled the surge by randomizing every application received in the first three calendar days of January for April 1 start dates. Applications are sorted into groups, and DOL processes them group by group.
Demand keeps rising. For April 1, 2026 start dates, employers requested roughly 160,000 workers in the opening days of January, nearly five times the 33,000 half-year allocation. Applications assigned to the earliest groups are likely to reach USCIS while numbers remain. Applications assigned to later groups usually depend on supplemental visas or a different start date.
What the lottery does not do
- It does not judge the merits. A strong case can land in a late group, and a weak case in an early one.
- It does not decide the cap itself. USCIS, not DOL, counts numbers, and an early group can still be lost to a deficiency or a slow petition.
- It does not apply to the July window, which DOL processes in order of receipt.
The October cycle: a strategic alternative
Most seasonal businesses need summer workers, so far fewer employers file for October 1 start dates. Winter resorts, holiday retail, winter refurbishment contractors and many household employers do file then. For a family whose need follows the school year, October 1 is often the better choice, not just a fallback.
The October window has no lottery, but it is a race. In 2026, the 90-day mark for October 1 start dates fell on July 3, and USCIS reached the first-half cap with a final receipt date of September 4. Consequently, every step from the prevailing wage to the USCIS filing must be scheduled backward from that likely closing date. A Notice of Deficiency in July can be the difference between filing in time and missing the cap.
Supplemental visas above the H-2B cap
Since 2017, Congress has repeatedly authorized DHS, in consultation with DOL, to release additional H-2B visas above the statutory cap. DHS then publishes a temporary final rule setting the number, the eligibility rules and the timing. Recent rules have, in various combinations:
- split the extra visas into tranches by start date;
- reserved part of the allocation for returning workers, meaning workers who held H-2B status in one of the prior three fiscal years;
- reserved part for nationals of certain Latin American countries and Haiti; and
- required employers to attest to irreparable harm and to additional recruitment and worker protections.
For fiscal 2026, DHS authorized up to 64,716 supplemental visas in a rule published in early February 2026, divided across start-date periods. Each year’s rule is different, so the conditions must be read anew. For a family or business that cannot absorb uncertainty, the supplemental allocation should never be the only plan.
Petitions exempt from the H-2B cap
Several kinds of petitions do not count against the H-2B cap:
- Extensions of stay for current H-2B workers with the same employer.
- Changes of employer for workers already counted against the cap in the same fiscal year, or currently in H-2B status.
- Changes in terms of employment for current H-2B workers.
- Fish roe processors, technicians and supervisors.
- Certain workers in Guam and the Commonwealth of the Northern Mariana Islands, under a time-limited statutory exemption.
A cap-exempt petition for a worker inside the United States cannot simply be converted into a consular case later. If the worker leaves and needs a new visa on a new petition, that new petition may be cap-subject.
Strategies that work under the H-2B cap
- Choose the cycle deliberately. If the need can honestly start October 1, the July window may offer better odds than January.
- File complete and early. In the July race, a clean application avoids the deficiency cycle that costs weeks.
- Use premium processing at USCIS so that a pending petition does not sit while the cap closes.
- Look for cap-exempt workers. A worker already in H-2B status can change employers without a new cap number.
- Prepare a refile plan before January results arrive, so a late randomization group triggers a July filing instead of a lost year.
- Watch for the supplemental rule, and have attestations and recruitment ready if it applies.
Planning an H-2B season, or answering a deficiency notice? Talk with Frontera Labor about your business or household.
Frequently asked questions
What is the H-2B cap?
Congress limits new H-2B workers to 66,000 per fiscal year, with 33,000 for jobs starting October 1 to March 31 and 33,000 for jobs starting April 1 to September 30. Unused first-half numbers carry into the second half.
How does the H-2B lottery work?
DOL randomizes all applications for April 1 start dates received in the first three days of January and processes them in group order. Early groups usually fit within the cap; later groups depend on supplemental visas.
When does the H-2B cap close for October start dates?
It varies by year. For the first half of fiscal 2027, USCIS set September 4, 2026 as the final receipt date for petitions requesting start dates before April 1, 2027.
Are returning H-2B workers exempt from the cap?
Not under current law. Returning-worker exemptions existed in some past years. More recently, returning workers have been eligible for a reserved share of supplemental visas when DHS releases them.
What can I do if my application lands in a late lottery group?
You can wait for supplemental visas, refile for an October 1 start if the need allows, or hire a worker already in H-2B status through a cap-exempt change of employer.
Official sources: DOL OFLC: H-2B program · 20 CFR Part 655, Subpart A · 8 CFR 214.2 · USCIS: H-2B temporary non-agricultural workers · USCIS: H-2B cap count
Attorney advertising. This guide is general information as of October 2026, not legal advice for your situation, and it does not create an attorney-client relationship. Immigration rules, fees, processing times and cap figures change often. Prior results do not guarantee a similar outcome.
