H-2B Cap Reached for Second Allocation Returning Worker Visas FY 2026

Cap Reached for Second Allocation of Returning Worker H-2B Visas for Fiscal Year 2026

U.S. Citizenship and Immigration Services (USCIS) has announced that the cap for the second allocation of returning worker H-2B visas for fiscal year 2026 has been reached. The agency received enough petitions to fill the additional 27,736 visas made available under the H-2B supplemental cap temporary final rule (fiscal year 2026 TFR).

This second allocation covers H-2B petitions with start dates from April 1 to April 30, 2026. April 21, 2026 was the final receipt date for petitions requesting these supplemental visas.

What Are the Supplemental H-2B Visas?

The supplemental H-2B visas are designed to support American businesses that need seasonal or temporary workers. These businesses include those in critical sectors of the U.S. economy. The visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested in their petition.

Employers must attest to this harm on a new attestation form as part of the petition process.

Key Details of the Fiscal Year 2026 Temporary Final Rule

On Jan. 30, 2026, the Department of Homeland Security (DHS) and the Department of Labor jointly announced the fiscal year 2026 TFR. This rule increased the cap on H-2B nonimmigrant visas by up to 64,716 additional visas.

The supplemental visas are split into two allocations. The first allocation was for petitions with start dates before April 1, 2026. The second allocation, which has now reached its cap, covers start dates from April 1 to April 30, 2026.

What This Means for U.S. Businesses

The supplemental H-2B visas are critical for American businesses that rely on seasonal or temporary workers. Industries such as hospitality, tourism, landscaping, seafood processing, and forestry often depend on H-2B workers to meet peak demand.

With the cap reached for the second allocation, businesses that planned to hire returning workers for start dates in April 2026 will need to explore other options. Employers who have already filed petitions before April 21, 2026, and meet the cap deadline, may still have their petitions processed if they are among those accepted.

How the H-2B Supplemental Cap Works

1. DHS and DOL jointly announce the supplemental cap increase through a temporary final rule.
2. Employers must file a new attestation form confirming irreparable harm without the requested H-2B workers.
3. Petitions are accepted on a first-come, first-served basis until the cap is reached.
4. Once the cap is reached, USCIS announces the final receipt date and stops accepting new petitions for that allocation.
5. Petitions that were filed but not accepted due to the cap are returned.

Worker Protections and Fraud Reporting

DHS is committed to ensuring American workers are protected. Anyone, including U.S. workers and H-2B workers, can send tips, information on alleged violations, and other relevant information about potential fraud or abuse using the online tip form provided by USCIS.

This commitment helps maintain the integrity of the H-2B program and ensures that employers are following the rules.

Where to Find More Information

Additional information on the fiscal year 2026 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2026 page on the USCIS website. This page includes the full text of the temporary final rule, the attestation form, and guidance for employers.

Frequently Asked Questions

Understanding the H-2B Returning Worker Category

The returning worker provision is a key feature of the supplemental H-2B visa program. This provision allows employers to hire workers who have already been counted under the H-2B cap in fiscal year 2024 or fiscal year 2025. The rationale is that these workers are already familiar with U.S. workplace standards, have established relationships with employers, and can be deployed quickly without extensive training.

For fiscal year 2026, the second allocation specifically targeted returning workers for start dates between April 1 and April 30, 2026. This timing aligns with the spring season when many seasonal industries—such as landscaping, hospitality, and construction—ramp up their operations. Businesses in these sectors often rely heavily on returning workers because they bring experience and efficiency that new hires cannot immediately match.

The Irreparable Harm Attestation Requirement

One of the most important requirements for employers seeking supplemental H-2B visas is the new attestation form. This form requires employers to certify that they are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested in their petition.

Examples of irreparable harm may include:

• Significant financial losses that threaten the viability of the business.
• Inability to fulfill contracts or service commitments.
• Loss of market share to competitors due to staffing shortages.
• Damage to business reputation from delayed or canceled services.
• Workplace safety risks from understaffed operations.

The attestation form must be completed honestly and accurately. False attestations can lead to penalties, including denial of petitions, revocation of approved petitions, and potential fraud referrals to U.S. Immigration and Customs Enforcement (ICE).

Industries Most Affected by the H-2B Cap

The H-2B program serves a wide range of industries across the United States. When the cap is reached quickly—as happened with the second allocation of returning worker visas—it can have significant impacts on businesses that depend on seasonal labor.

Some of the industries most affected by H-2B visa caps include:

For businesses in these sectors, the rapid filling of the H-2B cap means they may need to explore alternative staffing solutions. Some options include hiring U.S. workers, subcontracting work to other businesses, or adjusting their seasonal schedules to align with available labor.

What Happens When the Cap Is Reached?

When USCIS determines that enough petitions have been filed to reach the cap, it issues a final receipt date. For the second allocation of returning worker H-2B visas, that date was April 21, 2026. Petitions filed on or before that date that were among those counted toward the cap will be processed. Petitions filed after that date will be rejected and returned to the employer along with the filing fees.

It is important to note that reaching the cap does not mean that all petitions filed by the final receipt date will be approved. Each petition is still subject to standard adjudication, including review of the employer's eligibility, the worker's qualifications, and compliance with program requirements. Employers should ensure that their petitions are complete and accurate to avoid delays or denials.

Tips for Employers Preparing H-2B Petitions

For employers who plan to file H-2B petitions in future fiscal years, preparation is key. The following tips can help improve the chances of getting petitions accepted before the cap is reached:

1. File early. Supplemental caps fill quickly, often within days or weeks of opening. Employers should prepare their petitions in advance and file as soon as the cap window opens.
2. Complete the attestation form carefully. The new attestation form is a critical part of the petition. Employers should provide detailed evidence of irreparable harm and ensure that the attestation is truthful.
3. Work with an experienced immigration attorney. The H-2B petition process is complex. An attorney who specializes in employment-based immigration can help avoid common mistakes and improve the quality of the petition.
4. Verify worker eligibility. For returning worker petitions, employers must confirm that the worker was counted under the H-2B cap in FY 2024 or FY 2025. Documentation of prior H-2B employment should be maintained.
5. Monitor USCIS announcements. USCIS publishes updates on cap status, final receipt dates, and other important information on its website. Employers should check these pages regularly.

The Role of the Department of Labor

The Department of Labor (DOL) plays a critical role in the H-2B program. Before employers can file H-2B petitions with USCIS, they must first obtain a temporary labor certification from DOL. This certification confirms that there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The certification process includes a recruitment period during which employers must attempt to recruit U.S. workers. They must also pay the prevailing wage for the occupation and provide housing and transportation as required by regulations. Employers who fail to meet these requirements may have their labor certifications denied or revoked.

Worker Rights and Protections in the H-2B Program

The H-2B program includes robust worker protections to ensure that both U.S. workers and H-2B workers are treated fairly. Employers must provide:

• Wages. H-2B workers must be paid the prevailing wage for the occupation or the actual wage paid to U.S. workers, whichever is higher.
• Housing. Employers must provide free housing that meets local occupancy and safety standards, or provide a housing allowance if the worker arranges their own housing.
• Transportation. Employers must pay for inbound and outbound transportation, as well as daily transportation between housing and the worksite if the housing is not within walking distance.
• Working conditions. H-2B workers must be provided with the same working conditions as U.S. workers doing the same job.
• No retaliation. Employers cannot retaliate against workers for filing complaints about violations.

Workers who believe their rights have been violated can file complaints with DOL's Wage and Hour Division or with USCIS. The online tip form for reporting fraud and abuse is an important tool for maintaining the integrity of the program.

Looking Ahead: H-2B Program in Future Fiscal Years

The H-2B supplemental cap temporary final rule for fiscal year 2026 is a response to ongoing labor shortages in key sectors of the U.S. economy. The additional 64,716 visas represent a significant increase over the regular annual cap of 66,000 H-2B visas (33,000 for each half of the fiscal year).

Whether similar supplemental caps will be available in future fiscal years depends on several factors, including economic conditions, labor market data, and legislative action. Employers should stay informed by monitoring announcements from DHS and USCIS, and by consulting with immigration professionals.

For now, the cap for the second allocation of returning worker H-2B visas for FY 2026 has been reached. Businesses that missed this window should begin planning for future opportunities and ensure their documentation is ready for the next filing period.

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