H-2B Worker update
May 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has officially received enough petitions to meet the congressionally mandated H-2B statutory cap for the second half of Fiscal Year (FY) 2026, with March 10, 2026 serving as the final receipt date for cap-subject worker petitions requesting start dates between April 1 and September 30, 2026.
FY 2026 Supplemental Visas
To help businesses meet soaring seasonal demand, the Department of Homeland Security (DHS) and Department of Labor (DOL) authorized a temporary final rule releasing 64,716 additional H-2B supplemental visas for FY 2026. These are divided into three allocations, with the third allocation of 18,490 visas reserved for employers with late-season needs beginning between May 1 and September 30, 2026.
Key Program Rules & Allocations
- Returning Worker Requirement: Of the 64,716 supplemental visas, 46,226 are strictly allocated for returning workers (individuals who received an H-2B visa or held H-2B status in one of the last three fiscal years).
- Late-Season Allocations: The remaining 18,490 visas do not require the worker to be a returning worker but are targeted at late-season, cap-exempt or newly applying seasonal employers.
- Grace Periods and Transfers: Under recent regulatory updates, workers benefit from a 30-day post-employment grace period (up from 10 days) and have immediate work authorization during employer transfers or petition extensions.
Helpful Employer Resources
- Cap Updates: Check real-time statutory limits and allocation availability on the USCIS Cap Count for H-2B Nonimmigrants page.
- Filing & Process Deadlines: Review application procedures, random selection processes, and Form ETA-9142B filing guidelines on the DOL Office of Foreign Labor Certification site.
- Supplemental Quotas: For specific details regarding the current year’s augmented guest worker allocations, read the USCIS guide on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2026.
