USCIS's latest FY2027 H-2B cap count shows 30,125 of 33,000 first half numbers already used, tracking faster than FY2026. Fewer than 3,000 slots remain for winter 2027 start dates, and employers who haven't filed risk missing the cap even with a clean DOL certification. Spring 2027 planning is already underway behind the scenes too. Waiting until the winter cap closes to start your spring process often means 2028, not 2027. Here's what employers need to know now.

New H-2A Adverse Effect Wage Rates take effect August 3 (August 17 in select states), and the change catches many employers mid-season. Here's the key question answered: if the new AEWR is higher than what you're currently paying, you must raise wages immediately, even on already-certified job orders. If it's lower, the previously certified rate stands. Full breakdown of effective dates, the Big 5 vs. other-occupation rate split, surety bond impact, and California's AB 2646.

FY2027 is almost here. OFLC has confirmed the three-day H-2B filing window for October 1, 2026 work start dates runs July 3 through July 5, 2026. All window applications are randomized after closing, so accuracy matters more than speed. Key reminders: one application per job opportunity, concurrent SWA job order required, and Appendix B signatures must be current. Questions? Contact Kirchner Law.

After more than a decade in H-2B, the same costly mistakes keep appearing across case files. From starting too late and weak job descriptions to scope creep after workers arrive and over-reliance on H-2B as a sole staffing solution, these are the errors that derail seasons, trigger audits, and result in denied petitions. This final installment of the H-2B Start to Finish series covers what employers need to know before it costs them.