The U.S. Citizenship and Immigration Services has announced that it has received enough petitions to meet the cap for the first round of supplemental H-2B visas for fiscal year 2026.
The initial allocation includes 18,490 additional visas set aside for returning workers. These visas apply to individuals with employment start dates between January 1 and March 31, 2026.
USCIS said Feb. 6, 2026, marked the final day it accepted petitions under this first supplemental allocation. The agency confirmed that it received more filings than the number of visas available during the initial submission period.
As a result, USCIS conducted a computer-generated random lottery on Feb. 13, 2026, to determine which petitions would move forward. The selection process included petitions received between
Feb. 2 and Feb. 6, the first five business days of the filing window.
Petitions that were not selected in the lottery will be rejected and returned, along with the associated filing fees, the agency said.
Under federal law, Congress limits the H-2B program to 66,000 visas each fiscal year. The total is split evenly across two seasons, with 33,000 visas available for jobs that begin between Oct. 1 and
March 31, and another 33,000 for positions starting between April 1 and Sept. 30.
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In response to ongoing labor shortages in seasonal industries, the Departments of Homeland Security (DHS) and Labor (DOL) announced a temporary final rule on Jan. 30, 2026. The measure authorizes an additional 64,716 supplemental H-2B visas for fiscal year 2026, on top of the annual statutory cap.
The 64,716 supplemental visas are being distributed in three separate tranches.
The first allocation set aside 18,490 visas for returning workers with job start dates between Jan. 1 and March 31, 2026. As previously reported, that cap has now been reached.
The second allocation makes 27,736 visas available to returning workers whose employment begins between April 1 and April 30, 2026. Any unused numbers from the first round will roll over into this group.
The third allocation includes 18,490 visas for positions starting between May 1 and Sept. 30, 2026. Unlike the earlier rounds, this portion is open to all eligible workers, not just those who previously held H-2B status. Any remaining visas from the first and second allocations will be added to this final pool.
Federal officials define “returning workers” as individuals who were granted H-2B visas or otherwise held H-2B status in fiscal years 2023, 2024, or 2025. That requirement applies to the first and second supplemental allocations, but not to the third. The final tranche is open to any eligible worker, regardless of prior participation in the program.
For employers seeking workers with start dates between April 1 and April 30, 2026, petitions under the second allocation may be filed no sooner than 15 days after USCIS announces that the second half of the regular H-2B cap has been met.
For the third allocation, which covers start dates from May 1 through Sept. 30, 2026, employers may begin filing 45 days after the announcement that the second half cap has been reached. Petitions must be submitted no later than Sept. 15, 2026.
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USCIS has said it will stop accepting filings under the temporary supplemental rule after Sept. 15, 2026. The agency also warned that any petitions still pending under the supplemental authority that are not approved by Oct. 1, 2026, will be denied. In those cases, filing fees will not be refunded.
Petitions requesting employment start dates after Sept. 30, 2026, will be counted toward the first half of the fiscal year 2027 statutory H-2B cap. With two supplemental allocations still available, businesses that rely on seasonal foreign labor are expected to move quickly to secure workers before the remaining slots are filled.
The H-2B visa, unlike the H-1B visa, is intended for temporary, non-agricultural workers filling seasonal or peak-load jobs in industries such as hospitality, landscaping, construction, and seafood processing. The H-1B visa is designed for highly skilled foreign workers in specialty occupations such as technology, engineering, medicine, and finance, typically requiring at least a bachelor’s degree or equivalent expertise. It is commonly used by U.S. companies to hire professionals in fields facing talent shortages.
While the H-1B program is capped annually and often oversubscribed, the H-2B program also has a numerical cap but focuses on short-term labor needs rather than long-term professional employment.