H‑2B cap hit for FY2026
USCIS announced the H‑2B statutory cap for the second half of FY2026 has been reached and published filing dates for limited supplemental allocations — a narrow window for employers needing seasonal nonagricultural workers. Supplemental visas are scarce and likely to be exhausted quickly. (uscis.gov)
March 10, 2026 was identified as the final receipt date for new cap‑subject H‑2B petitions with employment start dates on or after April 1, 2026, and USCIS will reject any such cap‑subject petitions received after that date. (uscis.gov) DHS and DOL authorized a temporary FY2026 increase of 64,716 supplemental H‑2B visas, of which 46,226 are reserved for returning workers and 18,490 are not subject to the returning‑worker requirement. (uscis.gov) The supplemental visas are divided into three allocations: 18,490 for start dates Jan. 1–Mar. 31, 2026 (first allocation, limited to returning workers); 27,736 for Apr. 1–Apr. 30, 2026 (second allocation, limited to returning workers and including any unused first‑allocation numbers); and 18,490 for May 1–Sept. 30, 2026 (third allocation, open to non‑returning workers and any unused earlier numbers). (fredlaw.com) USCIS conducted a random selection for the first allocation on Feb. 13, 2026 after receiving more petitions than available slots during the first five business days of filing. (uscis.gov) The filing window for the second (April) allocation opens 15 days after the second‑half statutory cap is reached (which yields a March 25, 2026 opening given the March 10 final receipt date) and petitions for the third allocation must be filed by Sept. 15, 2026 per the temporary rule. (kirchnerimmigration.com) “Returning workers” are defined for these allocations as individuals who were granted H‑2B status or issued an H‑2B visa in any of fiscal years 2023, 2024, or 2025. (uscis.gov) Employers seeking supplemental numbers must submit a new attestation of “irreparable harm” with Form ETA‑9142‑B‑CAA‑10 and file supplemental cap petitions to the designated USCIS lockbox attention line “Attn: FY2026 H‑2B Supplemental Cap,” with DHS warning it will not accept supplemental petitions after Sept. 15, 2026. (uscis.gov)
