Every spring, businesses across the United States that depend on seasonal workers face a familiar anxiety: will there be enough H-2B visas to staff their operations? This year, that anxiety has become reality. As of March 20, 2026, USCIS officially reached the H-2B statutory cap for the second half of Fiscal Year 2026 — meaning no new standard cap-subject H-2B petitions will be accepted for employment start dates between April 1 and September 30, 2026.
For hospitality businesses, landscaping companies, seafood processors, amusement parks, and countless other seasonal employers, this news is significant. But there is a critical lifeline: a supplemental visa allocation of up to 64,716 additional H-2B visas is still available, and filing windows remain open. If your business depends on H-2B workers this summer, now is the time to act.
This guide breaks down everything you need to know about the FY 2026 H-2B cap situation, the supplemental visa allocations, eligibility requirements, and the exact steps employers must take to secure workers for the coming season.
What Is the H-2B Visa and Who Uses It?
The H-2B visa program allows U.S. employers to hire foreign nationals for temporary, non-agricultural jobs when there are not enough qualified and available U.S. workers to fill those roles. Unlike the H-1B program (which targets skilled professionals), the H-2B program is designed for workers in industries such as:
- Landscaping and groundskeeping
- Hotels and resorts (housekeeping, front desk, food service)
- Seafood and food processing
- Amusement parks and recreation
- Forestry and tree services
- Construction support and laborers
- Ski resort operations
Congress sets a 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). When demand is high, these caps fill quickly. In FY 2026, the second-half cap was reached on March 20, 2026, with a final receipt date of March 10, 2026 for new petitions.
This means USCIS will reject any standard cap-subject H-2B petitions received after March 10, 2026 that request an employment start date on or after April 1, 2026. However, this does not mean all doors are closed — far from it.
The FY 2026 Supplemental H-2B Visa Allocation Explained
Recognizing the widespread labor shortages in seasonal industries, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly issued a temporary final rule making available up to 64,716 additional H-2B visas for FY 2026. Combined with the statutory cap of 66,000, this effectively provides roughly 130,000 H-2B visas this fiscal year — nearly double the standard allocation.
These supplemental visas are broken into three separate allocations with specific filing windows:
- Allocation 1 (First Half of FY 2026): 18,490 visas for returning H-2B workers, for employers with employment start dates between October 1, 2025 and March 31, 2026. This allocation has already been used.
- Allocation 2 (Spring 2026): 27,736 visas available exclusively for returning H-2B workers, for employers with an employment start date between April 1, 2026 and April 30, 2026. This window is currently open.
- Allocation 3 (Summer/Fall 2026): 18,490 visas available for both new and returning workers, for employers with employment start dates between May 1, 2026 and September 30, 2026. This window is currently open.
The total second-half supplemental allocation includes 46,226 visas reserved for returning workers and 18,490 visas open to both new and returning workers. Employers must file petitions no later than September 15, 2026 to use these supplemental numbers.
Who Qualifies for Supplemental H-2B Visas?
Not every employer or worker automatically qualifies for the supplemental allocation. There are specific eligibility requirements that both the business and the prospective employees must meet.
For Employers: To access supplemental cap numbers, your business must demonstrate that it is suffering irreparable harm — or is facing impending irreparable harm — because it cannot staff its operations with the H-2B workers it requested. This requires signing a new attestation form, affirming that the workers are needed and that the business genuinely cannot fill these positions with qualified U.S. workers. Employers must also hold a valid Temporary Labor Certification (TLC) from the DOL that covers the entire proposed employment period.
For Returning Workers (Allocations 2): To qualify as a “returning worker” for the second supplemental allocation, the foreign national must have previously received an H-2B visa or was otherwise granted H-2B status in Fiscal Year 2023, 2024, or 2025. This requirement reflects Congress’s goal of prioritizing workers who already have experience in the U.S. and are familiar with their employers.
For New and Returning Workers (Allocation 3): The third allocation of 18,490 visas does not carry the returning worker requirement. These visas are available to workers regardless of prior H-2B history, which opens the door for businesses that need to hire first-time H-2B workers for summer and fall 2026 operations.
What Employers Must Do Right Now
If your business depends on H-2B workers this summer or fall, there are concrete steps to take immediately. Time is the most critical factor — both the April and May-September allocations can fill up quickly once employers begin filing.
Step 1 — Confirm Your DOL Temporary Labor Certification Is Valid. Before filing any H-2B petition with USCIS, you must have an approved TLC from the Department of Labor. The TLC must still be valid for the employment period you are requesting. If yours has expired or needs to cover a new period, start the DOL process immediately as it takes several weeks.
Step 2 — Identify Your Workers and Confirm Returning Worker Status. If you are targeting Allocation 2 (April start dates), you must verify that your prospective workers held H-2B status in FY 2023, 2024, or 2025. Gather I-94 records, previous H-2B approval notices, or other documentation proving prior status. For Allocation 3 (May–September), this verification is not required, but it is still good practice to gather worker documentation early.
Step 3 — Prepare and File Form I-129 (Current Edition Only). As of April 1, 2026, USCIS is rejecting all outdated editions of Form I-129. Ensure you are using only the February 27, 2026 edition. Complete the H-2B Supplement accurately, include all required supporting documents, pay the correct filing fees, and send your petition to the correct USCIS service center.
Step 4 — Include the New Supplemental Attestation. DHS requires employers filing under the supplemental allocation to include a signed attestation confirming that the employer is suffering irreparable harm or impending harm without the additional H-2B workers. This attestation is a new requirement and must accompany your I-129 petition.
Step 5 — Monitor USCIS Announcements. USCIS will announce when supplemental visa numbers for each allocation have been exhausted. Once a particular tranche is full, USCIS will stop accepting petitions under that allocation. Checking USCIS.gov regularly — or working with an immigration attorney — is strongly advised.
Industries Most Affected and the Bigger Picture
The H-2B cap situation in FY 2026 underscores an ongoing structural challenge in the U.S. economy: seasonal industries rely heavily on foreign labor to fill roles that domestic workers consistently decline or are unavailable to fill. The landscaping industry estimates that H-2B workers represent a significant portion of the seasonal workforce, particularly in states like Florida, Maryland, Virginia, and across New England. Similarly, gulf coast seafood processors, beach resort operators, and mountain ski resorts depend on the program to keep their doors open.
The supplemental allocation of nearly 65,000 additional visas represents one of the larger increases in recent years, reflecting the severity of labor shortages. However, even the expanded numbers are not unlimited, and demand typically exceeds supply — meaning businesses that delay filing risk missing out entirely.
There is also broader policy context to consider. The current administration has maintained a cautious approach to work visa expansion while simultaneously recognizing that certain industries simply cannot function without temporary foreign labor. The supplemental rule represents a pragmatic accommodation, even as overall immigration enforcement has tightened significantly in other areas.
Conclusion: Act Quickly and Consult an Expert
The USCIS announcement that the H-2B cap for the second half of FY 2026 has been reached is a wake-up call for seasonal employers across the country. If your business needs workers for the spring, summer, or fall season, the supplemental visa allocations offer a real pathway — but the window will not stay open indefinitely.
Employers are strongly advised to work with a qualified immigration attorney who specializes in temporary work visas. An experienced attorney can help you confirm your TLC status, identify eligible returning workers, complete the correct Form I-129 edition, prepare the required attestation, and file before the supplemental numbers run out.
For the most current information on cap counts, filing dates, and supplemental availability, visit the official USCIS website at uscis.gov/H-2B cap count page and consult an immigration professional before filing any petition.
Immigration Fleet