United States: H-2B Cap Reached for Second Half of FY 2026; Availability for Second Half of FY 2026 Supplemental H-2B Visas Remains
March 23, 2026
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At a glance
- On March 10, 2026, USCIS received enough H-2B petitions to exhaust the cap for the second half of FY 2026.
- USCIS will reject H-2B petitions received after March 10 that request a start date on or after April 1, 2026 and before October 1, 2026, unless the petition is exempt from the H-2B cap.
- Availability remains for supplemental H-2B visa numbers offered in the second half of FY 2026. The filing dates differ depending on the case type and requested employment start date.
A closer look
U.S. Citizenship and Immigration Services (USCIS) has announced that the H-2B cap for the second half of FY 2026 has been reached. March 10, 2026 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2026, and before October 1, 2026. USCIS will reject any new H-2B petitions received after March 10, 2026 requesting start dates in that timeframe.
The agency will continue to accept H-2B petitions that are exempt from the cap which include those in which current H-2B workers are seeking to extend their stay, change employers, or change the terms of their H-2B employment.
USCIS will continue to distribute the supplemental H-2B visas made available for FY 2026 based on the allocations announced in the temporary rule effective January 30 which authorized up to 64,716 additional H-2B visas for the fiscal year.
Background
The H-2B cap for each fiscal year is 66,000, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30). USCIS accepts filings in excess of this amount to account for petition withdrawals, revocations and denials, as well as cases in which employers ultimately employ fewer H-2B workers than requested in their petitions.
In January 2026, the Departments of Homeland Security (DHS) and Labor (DOL) authorized an additional 64,716 H-2B visa numbers for FY 2026. The additional visas are made available in a series of allocations over the course of FY 2026.
Filing date for remaining supplemental H-2B allocations
Fiscal Year 2026 supplemental H-2B visas are available in separate allotments based on the case type and requested employment start date. For the second half of FY 2026, the supplemental visas are divided into the following allocations, with corresponding filing dates:
- FY 2026 First Returning Worker Allocation (unavailable): 18,490 supplemental visas were allocated to returning workers of any nationality with requested employment start dates between January 1, 2026 and March 31, 2026. USCIS confirmed that it had received enough petitions to reach the cap for this allocation as of February 6, 2026.
- FY 2026 Second Returning Worker Allocation: 27,736 supplemental visas have been allocated to returning workers of any nationality with requested employment start dates between April 1, 2026 and April 30, 2026. USCIS will begin accepting petitions for these workers on March 25, 2026. Employers must file the petitions no later than April 23, 2026.
- FY 2026 Third Allocation: 18,490 supplemental visas have been allocated to workers of any nationality, regardless of whether the foreign nationals are returning workers, with requested employment start dates between May 1, 2026 and September 30, 2026. USCIS will begin accepting petitions for these workers on April 24, 2026. Employers must file these petitions no later than September 15, 2026.
The agency will also deny all pending petitions not approved before October 1, 2026, and will not refund any fees.
What it means
Employers should assess their H-2B worker needs given the satisfaction of the standard cap for the second half of FY 2026. Employers seeking to file new H-2B petitions under the supplemental H-2B visa allocation for the second half of FY 2026 may do so according to the filing timeline that applies to the worker’s case.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
