H-2B Visa Cap Hits Limit, Thousands Enter USCIS Lottery

The FY 2026 Supplemental H-2B Visa Cap has officially been reached for its first allocation, underscoring the intense demand among US employers for temporary foreign workers ahead of the busy seasonal months.

The US Citizenship and Immigration Services (USCIS) confirmed that it received more petitions than available visas for the first tranche of 18,490 supplemental H-2B visas reserved exclusively for returning workers. These visas covered employment start dates between January 1 and March 31, 2026.

According to USCIS, February 6, 2026, marked the final receipt date for petitions submitted under this initial supplemental allocation. With demand exceeding supply within the first five business days of filing, the agency initiated a computer-generated random lottery process on February 13, 2026, to determine which petitions would move forward.

Petitions received from February 2 through February 6 were entered into the lottery. Applications that were not selected will be rejected and returned along with filing fees.

Why the FY 2026 Supplemental H-2B Visa Cap Matters

The H-2B visa program allows US employers to hire foreign nationals for temporary nonagricultural jobs when qualified US workers are unavailable. Industries that rely heavily on H-2B workers include landscaping, hospitality, seafood processing, ski resorts, construction, and other seasonal businesses where labor shortages can disrupt operations.

Under existing law, Congress sets the statutory H-2B cap at 66,000 visas per fiscal year. These visas are divided equally:

• 33,000 visas for employment beginning October 1 through March 31

• 33,000 visas for employment beginning April 1 through September 30

However, ongoing labor shortages prompted additional action this year.

On January 30, 2026, the Department of Homeland Security (DHS) and the United States Department of Labor (DOL) issued a temporary final regulation designed to provide relief to seasonal industries struggling to find workers.

The rule authorized an additional 64,716 supplemental H-2B visas for FY 2026 beyond the statutory cap.

Breakdown of the Supplemental Allocations

The 64,716 supplemental visas are divided into three separate allocations:

1. First Allocation – 18,490 Visas (Now Reached)

• Reserved for returning workers

• Employment start dates: January 1 through March 31, 2026

• Cap officially reached after high-volume filings

2. Second Allocation – 27,736 Visas

• Reserved for returning workers

• Employment start dates: April 1 through April 30, 2026

• Includes any unused visas from the first allocation

3. Third Allocation – 18,490 Visas

• Open to all eligible workers (not limited to returning workers)

• Employment start dates: May 1 through September 30, 2026

• Includes any unused numbers from earlier allocations

For the first and second allocations, “returning workers” are defined as individuals who were issued H-2B visas or held H-2B status in FY 2023, FY 2024, or FY 2025. Notably, this returning worker requirement does not apply to the third allocation.

H-2B Visa: What Employers Should Watch Next

With the first portion of the FY 2026 Supplemental H-2B Visa Cap filled, attention now shifts to the remaining allocations.

Employers seeking workers for April 1–April 30, 2026, start dates may file under the second allocation no earlier than 15 days after USCIS announces that the second half of the statutory H-2B cap has been reached.

For the third allocation covering May 1–September 30, 2026:

• Petitions may be filed no earlier than 45 days after the second half cap announcement

• Filing must occur no later than September 15, 2026

USCIS has made it clear that it will stop accepting petitions under the temporary final rule after September 15, 2026. Additionally, any petitions pending under the supplemental rule that are not approved by October 1, 2026, will be denied without refund of filing fees.

Petitions requesting employment start dates after September 30, 2026, will count toward the first half of the FY 2027 statutory H-2B cap.