FY2027 H-2B October Filing Season: Demand Climbs

The July 3-5 H-2B filing window has closed, and the Department of Labor's numbers tell a clear story: demand for October 1 start dates is still climbing, even as chronic prevailing wage processing delays continue to push some employers out of the timely filing pool entirely.

By the Numbers

The Office of Foreign Labor Certification (OFLC) received 2,625 H-2B applications for the October 1, 2026 work start date, covering 51,158 worker positions. That's compared to last year's October cycle, which saw 2,421 applications and 47,488 positions. Year over year, that's an 8% increase in filings and nearly 3,700 additional worker positions requested.

Why This Growth Is More Significant Than It Looks

This increase happened despite ongoing prevailing wage determination (PWD) delays that have kept some employers out of the timely filing window altogether. If an employer's PWD wasn't finalized before July 5, that employer wasn't part of this randomization pool, full stop. That means the true demand for October 1 start dates is likely even higher than these filing numbers reflect. Employers who were ready to file, but whose PWDs hadn't cleared in time, aren't captured in this count at all.

How the Assignment Group Process Works

For employers unfamiliar with this stage of the process, a few points are worth clarifying. The Department of Labor reviews and certifies each H-2B case on its individual merits, regardless of assignment group or visa cap. Assignment Group A (1,881 cases) and Assignment Group B (744 cases) determine the order and priority in which cases move through DOL processing, not whether a case is ultimately eligible for certification.

The 33,000 semi-annual visa allotment is administered by USCIS at the petition receipting stage, not by DOL at the certification stage. In other words, DOL certification and cap availability are two separate steps in the process.

Group B Employers Face a Tougher Cycle This Time

One trend worth flagging: Group B is larger this cycle than it was last year, 744 cases compared to 627 in the October 2025 cycle. That puts more cases competing for the same remaining allotment, which makes this a tougher position for Group B employers than in the prior cycle.

Group B cases have beaten the cap in recent years, but that outcome has never been guaranteed, and this cycle's larger Group B pool makes contingency planning even more important for employers who land there.

What Group B Employers Should Do Now

It's genuinely too early to say with certainty what a Group B employer's realistic odds look like this cycle. Clarity on whether supplemental visas will be released, and in what numbers, typically doesn't arrive for several months. What employers can do now is get contingency planning in order so they're positioned to move quickly whichever way this cycle develops.

And for employers who missed this filing window entirely because of a PWD delay, the conversation now should turn to positioning for the next filing cycle.

If you have questions about your Assignment Group status or want to talk through contingency planning for this filing cycle, reach out to Kirchner Law PLLC.

Meagan Kirchner is the founder of Kirchner Law PLLC, a Virginia-based immigration law firm specializing in H-2B and employment-based immigration. She has represented employers in temporary worker visa matters for over a decade. This post is for informational purposes only and does not constitute legal advice. For guidance specific to your operation, contact our office.