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H1B

H-2B Seasonal Worker Visa Cap Eases with Supplemental Visas for Returning Workers

The FY 2027 H-1B cap registration opens March 2026. Employers must prepare for the beneficiary-centric lottery, strict fee rules, and competitive selection...

Last updated: February 23, 2026 1:14 pm
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Key Takeaways
→FY 2027 H-1B registration opens early March 2026 with selections expected by early April.
→USCIS maintains the beneficiary-centric selection system to prevent duplicate registration advantages.
→Employers must pay all required fees including registration and filing costs to ensure compliance.

(UNITED STATES) — With FY 2027 H-1B cap registration expected to open in early March 2026, employers have days, not weeks, to confirm specialty-occupation fit, wage levels, and worksite details before the lottery.

USCIS will again run the beneficiary-centric selection system, which allows one registration per person even if multiple employers submit entries. That rule reduced duplicate filings, but it also raised the stakes for clean, well-supported cases.

H-2B Seasonal Worker Visa Cap Eases with Supplemental Visas for Returning Workers
H-2B Seasonal Worker Visa Cap Eases with Supplemental Visas for Returning Workers

📅 Key Date: FY 2027 H-1B registration is typically early-to-mid March 2026, with selections released late March or early April.

FY 2027 H-1B cap timeline (employment start: October 1, 2026)

Exact USCIS dates are posted on the cap season page. The sequence below matches the standard cap calendar.

FY 2027 milestoneExpected timing
Registration opensEarly March 2026
Registration closesMid March 2026
Selection notificationsLate March / early April 2026
Petition filing windowApril 1 to June 30, 2026
Earliest employment startOctober 1, 2026
FY 2026 supplemental H-2B: quick eligibility check (employers & workers)
  • ✓ Returning-worker pathway: worker previously held H-2B status in FY 2023, FY 2024, or FY 2025
  • ✓ Country set-aside pathway: nationals of Guatemala, El Salvador, Honduras, and Haiti
  • ✓ Employer must attest to irreparable harm without the requested H-2B workers
  • ✓ Employer must comply with DOL wage/hour rules and submit the additional DOL attestation required for supplemental visas
→ Analyst Note
Before filing, build an evidence packet for the “irreparable harm” claim (contracts, seasonal revenue history, prior recruitment results) and keep a clean wage/hour compliance file. Treat the extra DOL attestation like an audit-ready document, not a checkbox.

How FY 2027 may compare to FY 2026 demand

USCIS demand has remained high as U.S. employers recruit in software, engineering, finance, health care, and advanced manufacturing. For context, FY 2026 saw roughly 442,000 registrations and about 120,000 selections to reach the 85,000 cap after filings and denials. That implied a selection rate near 27%, before accounting for multiple rounds.

FY 2027 totals will not be known until USCIS releases registration and selection figures. Employers should assume a competitive lottery and plan for at least one backup status option.

📊 FY 2027 Stats: USCIS typically publishes registration and selection totals after the initial selection. Expect those figures in late March or April 2026.

→ Important Notice
Do not staff or sign seasonal service contracts assuming supplemental numbers will stay constant year to year. Build contingency plans (overtime, staggered openings, domestic recruiting) and monitor DHS/DOL releases so you can pivot if a tranche closes early.

The rule that matters most: one registration per beneficiary

Under the current one-registration-per-beneficiary approach, each person is entered once into the lottery pool. Multiple employers may still register the same worker, but it does not multiply lottery chances.

This structure increases scrutiny of coordinated filings. Employers should keep recruitment records, interview notes, and role justification organized. Employees should confirm each employer is offering a real position with consistent duties and location.

H-2B vs H-2A: fast comparison for seasonal hiring decisions
Category H-2B H-2A
Worker type Temporary nonagricultural Temporary agricultural
Cap structure Capped with supplemental allocations at times Generally not subject to the same annual numerical cap framework
Typical employer obligations Focuses on prevailing wage and job terms tied to the certified position Often includes more defined worker support requirements (e.g., housing/transport standards)
Use-case fit Hospitality, landscaping, seafood and other seasonal nonfarm roles Farm and agricultural operations
→ Recommended Action
Set internal deadlines earlier than the public filing window: finalize worksites, job duties, and wage offers before recruitment begins, and lock a document-retention system for rosters, timekeeping, and pay records. If a tranche fills, speed and documentation quality matter most.

Fees and who must pay them

H-1B cases still fail audits over improper fee payment. As a compliance rule, the employer must pay required employer fees. Passing those fees to the worker can create wage and Labor Condition Application issues.

FeeAmountRequired
Registration$215Yes
I-129 filing$780Yes
ACWIA$750–$1,500Yes
Fraud prevention$500Yes
Premium processing$2,805No

⚠️ Employer Alert: Required H-1B fees are an employer cost. Improper reimbursement arrangements can trigger DOL findings and back-wage exposure.

What happens after selection

Selection only means the employer may file an H-1B petition. The next 60 to 90 days are where cases are won or lost.

Employer next steps after selection
– Finalize the SOC code and confirm the job still matches a specialty occupation.
– Set the wage at the higher of prevailing wage or actual wage for the worksite area.
– File the LCA and keep the Public Access File current.
– Prepare evidence that ties the degree field to the job duties.

Employee next steps after selection
– Confirm your degree is in a field tied to the role. Get evaluations for any foreign degrees.
– Confirm your worksite, title, and duties match what will be filed.
– If you have CPT or OPT history, confirm dates and I-20 details match payroll records.

Prevailing wage levels still matter for approval risk. Level I cases can be approved, but they often draw questions about complexity and supervision. Employers should be ready to explain why the role still needs a specialty degree.

What happens if not selected

A non-selection is not a denial. It means USCIS did not pick that beneficiary in the initial run. USCIS may run additional selections if it needs more filings to hit the cap.

Employers should keep the role open internally with a contingency plan. Employees should track current status end dates and travel plans.

Practical alternatives after non-selection
– Cap-exempt H-1B: Universities, nonprofit research organizations, and affiliated entities can file year-round.
– O-1: For workers with sustained acclaim and strong evidence, often used in tech, arts, and research.
– L-1: For intracompany transferees after qualifying employment abroad with a related entity.
– TN: For eligible Canadian and Mexican professionals under NAFTA/USMCA categories.
– E-3: For Australian professionals in specialty occupations.
– F-1 strategies: If eligible, STEM OPT timing can bridge to the next cap season.

For some employers, the right answer is not another professional visa. It is a seasonal staffing plan.

Why some employers are pivoting to H-2B in 2026

The H-2B seasonal worker visa cap has been a pressure valve for peak-demand hiring in landscaping, hospitality, and seafood processing. On January 31, 2026, DHS and DOL issued a temporary final rule that effectively doubled FY 2026 H-2B availability by adding 65,000 supplemental visas to the 66,000 statutory cap.

Those supplemental visas were split into tranches to align with seasonal peaks. Allocation also emphasized returning workers, including 46,000 reserved for workers who held H-2B status in FY 2023, FY 2024, or FY 2025. Another 19,000 were set aside for nationals of Guatemala, El Salvador, Honduras, and Haiti.

H-2B is not a substitute for an H-1B specialty occupation hire. It can be a workable option when the role is seasonal, temporary, and nonagricultural.

Enforcement is rising across visa categories

In the H-2B context, the 2026 expansion came with stronger enforcement signals. Agencies highlighted unannounced worksite inspections and data sharing with other agencies. Penalties can include civil money penalties and debarment from future filings.

H-1B employers should take the same lesson. Keep job duties stable, track worksite changes, and document wage compliance. If a worksite changes, amend when required. If the worker is benched, fix it immediately.

Projected FY 2028 planning preview

FY 2028 registration should again occur in March 2027, with an October 1, 2027 start date. Employers who wait until February often lose time on wage setting, job leveling, and degree-to-duty alignment.

Employees should plan personal timelines around cap season. That includes OPT end dates, travel, and visa stamping needs. Consular appointment delays can affect start dates even with approval.

Action steps (February to March 2026)
– Employers: Confirm SOC code, wage level, worksite, and specialty-occupation narrative before registration opens. Start LCA prep for quick filing after selection.
– Employees: Confirm degree field match, collect transcripts and experience letters, and verify status end dates. Avoid travel that risks re-entry during a pending change of status.
– Calendar: Plan around early-to-mid March 2026 registration, late March/early April selections, and an April 1 to June 30 filing window. Use USCIS cap season updates as dates post.

📋 Official Resources:
– H-1B Program: uscis.gov/h-1b-specialty-occupations
– Cap Season: uscis.gov/h-1b-cap-season
– Prevailing Wages: flcdatacenter.com

Learn Today
Beneficiary-centric
A selection system where each unique individual has one entry in the lottery, regardless of how many employers register them.
Specialty Occupation
A role requiring theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree.
LCA
Labor Condition Application, a document filed with the DOL regarding wages and working conditions.
Cap-exempt
Employers such as universities or nonprofit research organizations that are not subject to the annual H-1B numerical limit.
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Jim Grey
ByJim Grey
Content Analyst
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Jim Grey serves as the Senior Editor at VisaVerge.com, where his expertise in editorial strategy and content management shines. With a keen eye for detail and a profound understanding of the immigration and travel sectors, Jim plays a pivotal role in refining and enhancing the website's content. His guidance ensures that each piece is informative, engaging, and aligns with the highest journalistic standards.
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