H‑2B cap reached
USCIS hit the statutory H‑2B cap for the second half of FY‑2026, blocking additional seasonal employer petitions in landscaping, hospitality, and similar industries. Employers relying on seasonal foreign workers now face shortages and must explore alternative labor plans. (timesofindia.indiatimes.com)
USCIS designated March 10, 2026 as the final receipt date for new cap‑subject H‑2B petitions requesting employment start dates April 1–September 30, 2026; petitions received after that date for those start dates will be rejected. (uscis.gov) DHS and DOL authorized a time‑limited increase of up to 64,716 supplemental H‑2B visas for FY‑2026, allocating 46,226 visas for returning workers and 18,490 visas for late‑season needs. (uscis.gov) The first supplemental allocation covered start dates Jan 1–Mar 31, 2026 with 18,490 visas, reached its final receipt date on Feb 6, 2026, and USCIS ran a random selection of petitions filed Feb 2–6, returning unselected petitions and fees. (uscis.gov) The second supplemental allocation provides 27,736 visas (plus any unused from the first allocation) for start dates April 1–April 30, 2026, and USCIS set the filing window for those petitions as March 25–April 23, 2026; this allocation is limited to returning workers who held H‑2B status in FY‑2023 through FY‑2025. (millermayer.com) The third supplemental allocation covers start dates May 1–September 30, 2026 with 18,490 visas (plus any unused from prior allocations), has no returning‑worker requirement, and permits filings from April 24 through September 15, 2026 (USCIS will not accept supplemental filings after September 15, 2026). (millermayer.com) Employers seeking supplemental numbers must obtain an approved Temporary Labor Certification and submit the DOL attestation Form ETA‑9142‑B‑CAA‑10 asserting impending “irreparable harm,” retain supporting documentation, and file I‑129 petitions to the USCIS lockbox line “Attn: FY2026 H‑2B Supplemental Cap.” (dol.gov) Law‑firm business actions timed to these windows include offering flat‑fee “supplemental‑filing readiness” audits and ETA‑9142 attestation reviews ahead of the March 25, 2026 filing start for Allocation Two, and running short employer webinars targeted at landscaping and hospitality sectors—industries repeatedly cited as heavy H‑2B users. (millermayer.com)
