U.S. Citizenship and Immigration Services (USCIS) has officially announced that the cap for the FY 2026 second allocation of returning worker H-2B visas has been reached. This means that 27,736 additional visas were issued to workers with employment start dates between April 1 and April 30, 2026 under the H-2B visa program.
The final receipt date for petitions under this specific supplemental allocation was April 21, 2026. These additional visas support American businesses in seasonal industries (such as hospitality, landscaping, seafood processing, etc) or with temporary workforce needs that rely on the H-2B program to meet temporary labor demands.
Understanding the FY 2026 H-2B Supplemental Cap
The supplemental visas were authorized under the FY 2026 Temporary Final Rule (TFR), a joint effort by the Department of Homeland Security (DHS) and the Department of Labor (DOL). On January 30, 2026, these departments announced an increase of up to 64,716 additional H-2B visas for the fiscal year to support the U.S. economy.
The distribution of these H-2B supplemental visas is as follows:
- Returning Workers: For 2026 fiscal year, 46,226 H-2B visas were reserved for workers who held H-2B status in the previous three fiscal years.
- Employers with late season needs: For 2026 fiscal year 18,490 H-2B visas were reserved for employers with late season needs for H-2B workers who will start employment between May 1 and September 30, 2026, regardless of whether they are returning workers.
Impact on U.S. Businesses and the Economy
The H-2B program important for the U.S. economy, including critical sectors of the U.S. economy. Unlike the H-1B visa for highly skilled tech workers, the H-2B visa serves industries requiring seasonal, peak-load, intermittent or one-time labor.
To qualify for these supplemental visas, U.S. employers must meet the requirements listed in the FY 2026 Temporary Final Rule. More, employers were required to attest that their business was suffering irreparable harm, or will suffer impending irreparable harm, without the ability to employ the requested H-2B workers. In addition, employer must adhere to other strict compliance requirements.
What Happens Next?
With the second allocation for returning workers now closed, employers who missed the April 21 deadline must look toward future filing windows or alternative staffing solutions.
Employers who successfully filed must remain compliant with Department of Labor regulations, ensuring that the employment of foreign workers does not adversely affect the wages and working conditions of similarly employed U.S. workers.
As the U.S. labor market continues to evolve, the H-2B program an important program for seasonal or temporary business continuity, providing a visa option for temporary workers to support U.S. businesses.
Why Partner with Malescu Law?
The H-2B visa program is complex and is governed by many intricacies and strict deadlines at USCIS and DOL. For U.S. companies seeking to hire foreign workers to supplement their permanent workforce, early preparation is essential to secure a spot under the fiscal year cap. To learn more about H-2B visa extension, visit Can H-2B visa be extended?.
Our experienced business immigration lawyers in Miami, Florida USA assist US companies with applying for the H-2B visa program. Contact us to schedule an appointment today or book a consultation.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Malescu Law P.A. – Business & Immigration Lawyers
