H‑2B Cap Hit
USCIS says the H‑2B cap for the second half of FY2026 has been reached, closing standard filings while opening filing dates for 64,716 supplemental visas authorized under the Jan. 30 DHS/DOL temporary rule—allocations split between returning-worker and Northern Triangle pools, and expected to disappear quickly. Employers with seasonal or short-term labor needs now face a narrow, first‑come window for supplemental petitions. (uscis.gov)
USCIS posted an alert on March 20, 2026 stating it has received enough petitions to meet the H‑2B statutory cap for the second half of FY2026 and that March 10, 2026 was the final receipt date for new cap‑subject petitions with start dates on or after April 1, 2026. (uscis.gov) The Departments of Homeland Security and Labor issued a temporary final rule on January 30, 2026 authorizing up to 64,716 supplemental H‑2B visas for FY2026, of which 46,226 are reserved for returning workers and 18,490 are available without a returning‑worker requirement for May 1–Sept. 30, 2026 start dates. (uscis.gov) The supplemental visas are divided into three allocations: 18,490 for Jan. 1–Mar. 31, 2026 (returning workers), 27,736 for Apr. 1–Apr. 30, 2026 (returning workers plus any unused first‑allocation numbers), and 18,490 for May 1–Sept. 30, 2026 (no returning‑worker requirement); USCIS conducted a random selection for the first allocation on Feb. 13, 2026 after demand exceeded supply. (koleyjessen.com) Filing windows are tied to the date the second‑half statutory cap was met (March 10, 2026): petitions for the April 1–30 allocation may be filed 15–45 days after that date (March 25–April 24, 2026), and petitions for May 1–Sept. 30 may be filed starting 45 days after the cap was met through Sept. 15, 2026, with DHS stating it will not accept petitions after Sept. 15, 2026. (koleyjessen.com) Eligibility rules require petitioners to hold a certified DOL ETA‑9142 temporary labor certification and to submit Form ETA‑9142‑B‑CAA‑10 with an attestation under penalty of perjury that the employer will suffer irreparable harm without the requested workers; USCIS directs petitioners to submit supplemental‑cap filings to designated lockbox facilities with the attention line “Attn: FY2026 H‑2B Supplemental Cap.” (govinfo.gov) USCIS data show extreme demand and rapid exhaustion: the first supplemental returning‑worker allocation reached its cap by Feb. 6, 2026 and required a computer‑generated random selection, and USCIS had previously announced reaching the first‑half statutory cap on Sept. 16, 2025. (uscis.gov)
