- USCIS confirmed the regular H-2B cap for the second half of FY 2026 is officially reached.
- Petitions for start dates between April and September must now use supplemental visa allocations if eligible.
- Employers must attest to suffering irreparable harm to qualify for the remaining supplemental H-2B visas.
USCIS announced on March 20, 2026 that the regular H-2B cap for the second half of fiscal year 2026 has been reached. That means new cap-subject filings for many spring and summer jobs have already closed. A separate pool of supplemental H-2B visas remains available, but only for employers and workers who meet the temporary rule.
This matters now for hotels, resorts, landscapers, seafood processors, and other seasonal employers. Many of these businesses hire ahead of peak operations. If they missed the standard cap, they now need to review the supplemental rules quickly.
Required Form: Employers generally file Form I-129, Petition for a Nonimmigrant Worker, for H-2B classification. Get the form and instructions at uscis.gov/forms.
March 10, 2026 was the cutoff for regular second-half filings
USCIS said March 10, 2026 was the final receipt date for new cap-subject H-2B petitions requesting an employment start date on or after April 1, 2026, and before Oct. 1, 2026.
That date controls whether USCIS will accept or reject a standard filing. If a new cap-subject petition arrived after March 10 and requested a start date in that window, USCIS said it will reject it.
For employers, the message is simple:
- Review the requested start date on the petition.
- Check whether the case is cap-subject.
- Do not refile under the regular cap if the petition falls in the closed window.
- Review the supplemental H-2B visas rule instead.
USCIS issued this update on March 20, 2026. Employers that track agency alerts should watch for further cap-count changes and filing instructions at uscis.gov/newsroom.
Common Mistake: Filing a regular cap-subject H-2B petition after March 10, 2026 for an April 1 to Sept. 30 start date can lead to rejection.
Supplemental H-2B visas remain available under a temporary rule
DHS and DOL authorized extra H-2B numbers for FY 2026 through a temporary final rule. These visas are separate from the regular statutory cap. They are divided into different allocations, with separate worker rules and separate filing windows.
The first allocation is already exhausted. USCIS said that portion was reached on Feb. 6, 2026. The second and third allocations are different from each other, and employers should not treat them as interchangeable.
The second allocation is aimed at returning workers for a limited start-date period. The third allocation covers a later period and is broader. Some employers who cannot use the second allocation may need to wait for the third filing window.
That distinction matters. A business that wants to hire workers with no recent H-2B history may not qualify for the second allocation. It may need to file under the third allocation if eligible.
Employers must meet extra eligibility rules
Supplemental filings come with added conditions. USCIS said employers must attest that they are suffering, or will suffer, irreparable harm without the requested H-2B workers. This is not a routine statement. It is a formal filing requirement tied to the temporary rule.
For the second allocation, USCIS also applies a returning worker rule. A returning worker is someone who was issued an H-2B visa or held H-2B status in FY 2023, FY 2024, or FY 2025.
Employers should confirm that worker history before filing. If the worker does not fit that definition, the petition may not qualify for that allocation.
USCIS also stressed program integrity. The agency said workers, employers, and the public may submit tips about possible fraud or abuse through its online reporting channel.
Why this cap update is important
The H-2B program supports jobs that rise and fall with the season. Hospitality, tourism, landscaping, construction support, carnivals, and seafood processing often depend on these workers.
Reaching the regular H-2B cap in early March shows strong demand before the busiest spring and summer months. It also puts pressure on employers that planned late or were still waiting on labor certifications.
For workers, the supplemental allocations still create opportunities to come to the United States lawfully for temporary, nonagricultural jobs. But the first opportunities remain focused on workers with prior H-2B history. That gives an advantage to returning workers and to employers with an established seasonal workforce.
H-2B filing reference for employers
| Detail | Information |
|---|---|
| Main USCIS Form | Form I-129, Petition for a Nonimmigrant Worker |
| Category | H-2B nonagricultural temporary worker |
| Regular cap status | Second-half FY 2026 cap reached |
| Final regular cap receipt date | March 10, 2026 |
| Affected start dates | April 1, 2026 through Sept. 30, 2026 |
| Filing fee | Verify current fee at uscis.gov/fees |
| Processing time | USCIS estimates vary by service center and case type. Check egov.uscis.gov/processing-times/ as of March 2026. |
Processing Time: H-2B petition times are estimates only. They vary by service center, workload, RFEs, and background checks. Check egov.uscis.gov/processing-times/.
What employers should monitor next
USCIS updates can change quickly when an allocation nears exhaustion. Employers should monitor the H-2B news alerts page, the H-2B cap count page, and the FY 2026 supplemental visa page. These are the best places to confirm whether numbers remain available and whether filing windows are still open.
If you are preparing a filing, review the temporary rule, confirm the worker category, and verify the correct fee before mailing. Wrong fees or wrong allocation choices can delay hiring plans.
Start with uscis.gov/forms for Form I-129, Petition for a Nonimmigrant Worker. Then check uscis.gov/fees, the H-2B cap count page, and uscis.gov/newsroom before filing. Create an account at my.uscis.gov to track case updates. Processing times and fees are subject to change. Verify at uscis.gov.
Official Resources: Download forms at uscis.gov/forms. Check processing times at egov.uscis.gov/processing-times. Fees and processing times are subject to change—always verify current information at uscis.gov.
