USCIS Announces Cap Reached for First Supplemental H-2B Visa Allocation
The United States Citizenship and Immigration Services (USCIS) has officially declared that it has received a sufficient number of petitions to meet the cap for the initial allocation of supplemental H-2B visas for fiscal year (FY) 2026. This allocation specifically reserves 18,490 additional visas for returning workers, with employment start dates scheduled between January 1 and March 31, 2026.
Lottery Conducted to Manage Excess Demand
According to USCIS, February 6, 2026, marked the final receipt date for petitions under this first allocation. The agency confirmed that it received more petitions than the available visas during the initial filing period. To address this oversubscription, USCIS implemented a computer-generated random selection process on February 13, 2026. This lottery included all petitions submitted from February 2 through February 6, encompassing the first five business days of the filing window. Petitions that were not selected in this random draw will be rejected and returned to the applicants, along with their filing fees.
Understanding the H-2B Visa Program Structure
The H-2B visa program is designed to allow U.S. employers to hire foreign nationals for temporary nonagricultural positions when there is a shortage of qualified American workers. Industries that commonly rely on this program include landscaping, hospitality, seafood processing, ski resorts, construction, and various other seasonal businesses. Congress has established a statutory cap of 66,000 H-2B visas per fiscal year, which is divided into two equal halves: 33,000 visas for work beginning on October 1 and ending on March 31, and another 33,000 visas for work starting on April 1 and concluding on September 30.
Supplemental Allocations for FY 2026
In response to labor shortages in seasonal industries, the Department of Homeland Security (DHS) and the Department of Labor (DOL) issued a temporary final regulation on January 30, 2026. This rule makes available an additional 64,716 supplemental H-2B visas for FY 2026, exceeding the statutory cap. These supplemental visas are allocated into three distinct categories:
- First Allocation: 18,490 visas reserved exclusively for returning workers, covering employment start dates from January 1 through March 31, 2026. This allocation has now been fully subscribed.
- Second Allocation: 27,736 visas, plus any unused numbers from the first allocation, are set aside for returning workers with start dates between April 1 and April 30, 2026.
- Third Allocation: 18,490 visas, plus any unused numbers from the earlier allocations, are open to all eligible workers, not limited to returning workers, for start dates from May 1 through September 30, 2026.
Returning workers are defined as individuals who were issued H-2B visas or held H-2B status in FY 2023, FY 2024, or FY 2025. This requirement applies to the first and second allocations but does not extend to the third allocation.
Filing Timeline for Remaining Allocations
Employers seeking workers with start dates between April 1 and April 30, 2026, may file petitions under the second allocation no earlier than 15 days after USCIS announces that the second half of the statutory H-2B cap has been reached. For the third allocation, covering start dates from May 1 to September 30, 2026, employers may submit petitions no earlier than 45 days after the second half cap announcement and no later than September 15, 2026. USCIS will cease accepting petitions under the temporary final rule after September 15, 2026. Additionally, the agency has stated that it will deny all petitions pending under the supplemental rule that are not approved by October 1, 2026, with filing fees not being refunded in such instances. Petitions requesting employment start dates after September 30, 2026, will count toward the first half of the statutory FY 2027 H-2B cap.
With two supplemental allocations still available, timely filing will be crucial for businesses that depend on temporary workers to sustain their seasonal operations.
