USCIS Fills Second Returning Worker Allocation Under FY 2026 H-2B Supplemental Cap
U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to reach the additional 27,736 H-2B visas allocated for returning workers under the fiscal year (FY) 2026 supplemental cap temporary final rule. Importantly, this second allocation covered returning workers with employment start dates from April 1 through April 30, 2026.
Consequently, USCIS will not accept new H-2B petitions for April 2026 under this returning worker allocation. Notably, the agency’s update reflects continued high demand for H-2B workers in seasonal industries across the United States.
Background on the FY 2026 Supplemental H-2B Cap
The H-2B visa program allows U.S. employers to temporarily hire foreign nationals to perform nonagricultural seasonal or temporary work. Specifically, Congress sets a 66,000 annual cap on H-2B visas, split between fiscal year’s halves.
DHS has released additional H-2B visas through supplemental temporary final rules in recent years. FY 2026 reserved some supplemental visas for returning workers with recent H-2B status.
The announcement referenced 27,736 visas as the second allocation for returning workers under the FY 2026 supplemental rule, limiting them to petitions requesting employment start dates from April 1 to April 30, 2026.
What the Cap Reached Announcement Means for Employers
With the numerical limit now reached for this allocation, USCIS will reject or return any additional cap-subject H-2B petitions seeking April 2026 start dates under this specific returning worker provision, consistent with its standard intake procedures.
Employers that already filed petitions under this allocation should expect adjudication according to regular H-2B processing procedures. Those not filed for April 2026 start dates can’t do so under this allocation.
The announcement doesn’t affect other H-2B allocations or eligibility requirements for FY 2026. However, it underscores the importance of strict timing, accurate start dates, and alignment with approved temporary labor certifications issued by the Department of Labor.
Operational and Compliance Considerations
For employers in industries such as hospitality, landscaping, seafood processing, and construction, the H-2B program often operates within narrow filing windows tied to seasonal labor needs. Once the court exhausts a supplemental allocation, options may be limited for positions tied to specific April start dates.
Employers must ensure workers qualify as returning workers and have valid temporary labor certifications. Reviewing filing timelines and allocation parameters is essential as USCIS implements multiple supplemental cap tranches.
As noted in the agency’s official update, the rapid exhaustion of this allocation reflects sustained demand for nonagricultural temporary workers and ongoing pressure on H-2B visa availability.
Broader Implications for Seasonal Workforce Planning
The closure of the second returning worker allocation for April 2026 start dates highlights the competitive nature of the H-2B program. Employers relying on seasonal labor must plan workforce in advance and monitor federal allocations.
HR professionals must coordinate early with legal teams to prepare filings when new allocations open. It also illustrates how supplemental cap releases, while significant, may still fill quickly in high-demand periods.
USCIS will continue to publish updates regarding H-2B cap counts and supplemental allocations. Stakeholders should review official agency announcements for current availability and procedural guidance as FY 2026 progresses.
