USCIS Reaches H-2B Cap for Second Half of FY 2026; Announces When Allocations of Supplemental Visas Will Be Available

This material has been prepared by Fredrikson & Byron, P.A. for informational purposes only. This information does not create an attorney-client relationship between the reader and Fredrikson & Byron, its attorneys, or the authors of this material

USCIS announced on March 20, 2026, that it had reached the H-2B Statutory cap for the second half of the fiscal year (FY) 2026, and the last day to file was March 10, 2026. This means that the statutory cap has been filled, and we are now able to apply for supplemental visas. On January 30, 2026, the Department of Labor (DOL) and U.S. Citizenship and Immigration Service (USCIS) announced a joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start within FY 2026 (from October 1, 2025, to September 30, 2026) to apply for up to 64,716 additional (supplemental) H-2B visa numbers. Unlike prior years, the additional visas are available to nationals of all countries and specific visas have not been reserved for certain countries. The DOL and USCIS outlined the following schedule as to when the supplemental visas may be requested and released:

Supplemental Visas Allocation for Employment Start Dates From April 1 to April 30, 2026 (Early Second Half of FY 2026) – Filing period opens on March 25, 2026

USCIS will issue up to 27,736 visas, plus any unused visas from the first allocation limited to returning workers regardless of country of nationality. These petitions must request an employment start date from April 1 through April 30, 2026. Employers may file these petitions starting on March 25, 2026, and up until the cap is reached, or until April 23, 2026, whichever comes first. USCIS will send out a notice when the second half of the cap has been reached.

Coming Next: Supplemental Visas Allocation for Employment Start Dates From May 1 to September 30, 2026

USCIS will issue up to 18,490 visas, plus any unused visas from the first and second allocations regardless of country of nationality. Please note that these numbers are not limited to returning workers. These petitions must request an employment start date from May 1 through September 30, 2026. Employers must file these petitions no earlier than March 24, 2026, and no later than September 15, 2026.

Frequently Asked Questions Regarding the Additional H-2B Visa Numbers for FY 2026

Workers That Qualify for Supplemental Visas

Q: Which workers are eligible for these additional visas?

A: There are two categories of workers who are eligible for these supplemental H-2B visas. First, employers may request returning workers who have been issued H-2B visas or otherwise granted H-2B status in FY 2023-2025. For the third allocation period, the supplemental visas are available to any workers and not limited to returning workers or those currently in H-2B status in the United States.

Q: I am an employer with a season that starts April 1 to April 30, 2026 (early second half of FY 2026). How does this rule affect me?

A: If you submitted your H-2B filing between January 1 to January 3, then your petition was randomly placed into a group. Group A had around 35,000 visa requests (enough to fill the cap). All other groups had around 20,000 visa requests. If your petition is in Group A, you will likely make it into the “cap,” and once your ETA 9142B is certified with the DOL, you can petition for workers as normal.

However, if your petition was selected for a later group and it does not make it into the cap, then you will have the additional option of securing workers from the additional visas issued as outlined by USCIS. Employers who do not make it into the cap need to request in the early second half of FY 2026 H-2B supplemental visa numbers under the second allocation of supplemental visas plus any unused visas from the first allocation limited to returning workers regardless of country of nationality. These returning workers must have been granted H-2B status in FY 2023, 2024 or 2025.

Employers with a start date between April 1 to April 30, 2026, will be able to petition for these supplemental visas no earlier than March 25.

Q: I am an employer with a season that starts May 1 to September 30, 2026. How does this rule affect me?

A: The H-2B randomization process will still proceed as normal. It is likely that the H-2B cap will be reached before you are able to submit your ETA 9142B, as has been the case in past years. This year, there will be additional visas available specifically for employers with start dates from May 1, 2026, through September 30, 2026. Employers may submit a new ETA 9142B petition requesting an employment period with a start date of May 1, 2026, or later but before September 30, 2026, to request supplemental visas under the third allocation which consists of 18,490 visas plus any unused visas from the first and second allocations.

Employers with a start date of May 1, 2026, and later will be able to petition for additional visas no earlier than April 24, 2026.

Q: How do I prove that I will be seeking workers who qualify for these visas?

A: USCIS requires that an employer certify that it will only be seeking qualified workers for these visas. If the employer is filing an application for returning workers, the employer may provide evidence that they were only seeking returning workers by keeping evidence on file such as a date-stamped written communication from the employer to its agent(s) and/or recruiter(s) that instructs the agent(s) and/or recruiter(s) to only recruit and provide instruction regarding an application for an H-2B visa to those foreign workers who were previously issued an H-2B visa or granted H-2B status in FY 2023, 2024 or 2025.

Q: Do I have to prove irreparable harm to apply for these additional visas?

A: Yes. If an employer applies for visas under this rule, the employer will need to prove that the business is suffering irreparable harm or will suffer irreparable harm if it is unable to hire H-2B employees. Irreparable harm is defined as permanent and severe financial loss that is either occurring or impending. An employer will need to sign an attestation under penalty of perjury with the filing and maintain a detailed letter of irreparable harm, along with evidence of irreparable harm.

USCIS Procedures

Q: If I file for these H-2B visas, am I guaranteed to get them?

A: Not necessarily. If USCIS receives requests for more than the allotted visas for a certain group, USCIS will conduct a lottery to determine which employers are granted the additional visas.

Q: If USCIS approves insufficient petitions to use all the visas allocated to a specific period, will those visas be reallocated to the later start dates?

A: Yes, unused supplemental visas can be used in the second allocation and third allocation.

Additional Recruitment for Supplemental Visas

Q: Will I have to conduct new recruitment?

A: Employers will only need to conduct recruitment required under the H-2B program.

For any questions, please contact your Fredrikson H-2 Immigration Solutions Team: Loan Huynh, Mimi Alworth, Brooke Trottier and/or Lauren Breckenridge.