If your business depends on seasonal or temporary non-agricultural workers — whether in hospitality, landscaping, seafood processing, or construction — today is a critical date on your calendar. As of March 25, 2026, USCIS has officially opened the filing window for the second allocation of supplemental H-2B visas for Fiscal Year 2026, making 27,736 additional visa slots available exclusively for returning workers. Employers who miss this narrow window risk losing access to the workforce they need for the spring and summer season.
This development follows USCIS’s announcement that the H-2B statutory cap for the second half of FY2026 was reached on March 10, 2026 — meaning the standard cap is now exhausted. The supplemental allocation is the only remaining avenue for employers to bring in new H-2B workers for start dates between April 1 and April 30, 2026. Understanding who qualifies, when to file, and what documentation is required is essential for employers and workers alike.
This article breaks down everything you need to know about the H-2B supplemental visa second allocation, so you can act quickly and correctly before the filing deadline of April 23, 2026.
What Is the H-2B Visa and Why Does the Cap Matter?
The H-2B visa program allows U.S. employers to temporarily hire foreign nationals for non-agricultural jobs when there are not enough U.S. workers available to fill those positions. Common industries that rely heavily on H-2B workers include landscaping, hospitality and resorts, amusement parks, seafood processing, tree trimming, and light manufacturing.
By law, Congress sets an annual statutory cap of 66,000 H-2B visas per fiscal year — 33,000 for the first half (October through March) and 33,000 for the second half (April through September). These caps are routinely exhausted well before all petitions are processed, leaving many employers without the workers they need during peak seasons.
To address this persistent shortfall, Congress has authorized DHS to release supplemental H-2B visas in recent years. For FY2026, the Department of Homeland Security issued a Temporary Final Rule (TFR) providing additional visas above and beyond the statutory cap — split into multiple allocations targeting specific worker categories and start date windows. The second allocation, which opens today, is reserved for returning workers only.
How the FY2026 Second Supplemental Allocation Works
Under the FY2026 Temporary Final Rule, the second supplemental allocation consists of:
- 27,736 visas reserved for returning H-2B workers — plus any unused visas remaining from the first allocation
- These visas are for workers with employment start dates between April 1 and April 30, 2026
- Filing may begin on March 25, 2026 (today) — no earlier
- The deadline to file is April 23, 2026 — 29 days from today
USCIS notes that if more petitions are received than visas available, the agency will conduct a computer-generated random selection process — the same lottery-style approach used for the first allocation. This makes it especially important to file as early as possible within the window, as late filings risk being shut out entirely if the cap is reached quickly.
For context, the first supplemental allocation of 18,490 visas for start dates from January 1 through March 31, 2026, was fully exhausted by its final receipt date of February 6, 2026 — meaning demand far exceeded supply and a lottery was required. The second allocation is expected to face similar or greater competition.
Who Qualifies as a “Returning Worker”?
This is the most important eligibility question for this allocation. Federal regulations define a returning worker as an individual who:
- Was issued an H-2B visa by the U.S. Department of State, OR
- Held H-2B nonimmigrant status in the United States
- …at any point during fiscal years 2023, 2024, or 2025 (October 1, 2022 through September 30, 2025)
Importantly, Indian nationals are generally not eligible for the H-2B returning worker category because India is not currently on the list of countries whose nationals are eligible to participate in the H-2B program. Eligible countries include Mexico, Guatemala, Honduras, El Salvador, Jamaica, and many others — employers should confirm that prospective workers’ home countries are on the approved list before filing.
Workers who are applying for the H-2B visa for the first time, or who did not hold H-2B status in any of the three prior fiscal years, do not qualify for this supplemental allocation. They would need to wait for any future supplemental releases or for the next fiscal year’s cap to open.
What Employers Must Do Before April 23, 2026
The filing process for the H-2B supplemental second allocation follows the standard H-2B petition process, with several important considerations:
- Obtain an approved Temporary Labor Certification (TLC) from the Department of Labor. Before filing with USCIS, employers must receive certification from the DOL confirming that qualified U.S. workers are unavailable and that employing H-2B workers will not adversely affect similarly situated U.S. workers. If you haven’t started this process, begin immediately — the DOL certification process can take several weeks.
- File Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This petition must be accompanied by the approved TLC, evidence of the returning worker’s prior H-2B status (such as a prior approval notice or copy of the H-2B visa), and all required supporting documentation.
- Request the correct start date. Only petitions requesting employment start dates between April 1 and April 30, 2026, are eligible for this allocation. Start dates outside this window will not qualify.
- File on paper — online filing is not currently available for H-2B petitions requesting supplemental visas under the TFR. Submit to the appropriate USCIS service center based on the worksite location.
- Pay the required fees. USCIS filing fees apply, and premium processing is generally not available for cap-subject H-2B petitions, though standard processing timelines should be checked with your attorney or on the USCIS website.
Given the tight window and expected high volume, employers are strongly encouraged to have all documentation prepared and ready to file immediately. Working with an experienced immigration attorney can help ensure the petition is error-free and filed correctly the first time.
What to Expect After Filing
Once petitions are filed, USCIS will review them for completeness and eligibility. If the filing volume exceeds the available 27,736 visas, USCIS will conduct a lottery from among all properly filed petitions. Selected petitions will then be processed and adjudicated. If approved, workers who are abroad will need to obtain an H-2B visa stamp from a U.S. consulate or embassy before traveling to the United States.
Processing times can vary, but USCIS generally tries to process these petitions expeditiously given the seasonal nature of the work. Employers should plan accordingly and communicate realistic timelines to their operations teams.
If your petition is not selected in a lottery, USCIS will reject it and return the filing fees. In that case, employers may explore other options such as the J-1 visa program, domestic recruitment efforts, or waiting for future supplemental H-2B announcements.
Conclusion: Act Now — The Window Closes April 23
The second allocation of H-2B supplemental visas for FY2026 represents a limited but important opportunity for employers who need temporary seasonal workers and for returning H-2B workers who have built careers in the United States on a seasonal basis. With the standard H-2B cap already exhausted, this supplemental allocation is the only path forward for employers seeking H-2B workers with April start dates.
The filing window is just 29 days — from today, March 25, 2026, through April 23, 2026 — and demand will likely be intense. Employers should consult with a qualified immigration attorney immediately to assess eligibility, prepare the necessary documentation, and file as early as possible within the window. Don’t wait: in this program, timing is everything.
For the latest updates on H-2B processing times, supplemental allocations, and USCIS policy changes, bookmark the USCIS H-2B page and check back regularly.
Immigration Fleet