US has announced an increase in H-2B non-immigrant visas by up to 64,716 additional visas. On January 30, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly announced a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for fiscal year 2026. This increase is based on time-limited statutory authority that does not apply to the H-2B program in future fiscal years.
However, it is not the first time the additional H-2B visas have been provided. In November 2024, the US announced that it made an additional 64,716 H-2B temporary nonagricultural worker visas available for the fiscal year 2025.
The H-2B program is used by American companies to hire foreign nationals for temporary non-agricultural occupations in the United States. The maximum length of stay under the H-2B classification is three years. A person who has had H-2B nonimmigrant status for three years must leave the United States and stay outside for three months before applying for reentry.
The joint temporary final rule provisions about the 64,716 supplemental visas do not apply to petitions that are not subject to the H-2B cap, including those petitions filed for an H-2B extension of stay request or on behalf of certain fish roe processors. Those petitions may continue to be filed under the normal rules of the H-2B program.
Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sep. 30).
Only U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm (permanent and severe financial loss) if they cannot employ all the H-2B workers that they request on their Form I-129 petition may file H-2B petitions under this temporary increase.
The US laws give the Secretary of DHS the authority to make available additional H-2B visas for FY 2026. Before authorizing the additional visa numbers, the Secretary of Homeland Security, in consultation with the Secretary of Labor, considered the needs of businesses and other factors, including the impact on U.S. workers and the integrity of the H-2B program.
Allocation of H-2B supplemental Visas
To assist U.S. businesses that need workers to begin work on different start dates, the supplemental visas will be distributed in three allocations, including two separate allocations for the second half of FY 2026.
Of the 64,716 additional visas, 46,226 will be available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last 3 fiscal years). The remaining 18,490 visas do not require the alien to be a returning worker. These visas are for employers with late-season needs for H-2B workers who will begin work between May 1 and Sept. 30, 2026.
Allocation of 64,716 Supplemental Visas
First allocation for employment start dates from Jan. 1 through March 31, 2026: 18,490 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2023, 2024, or 2025. These petitions must have requested employment start dates from Jan. 1 to March 31, 2026. Employers must file these petitions no later than 14 days after the second half of the statutory cap is reached.
Second allocation for employment start dates from April 1 through April 30, 2026: 27,736 visas, plus any unused visas from the first allocation, limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2023, 2024, or 2025.
These petitions must request employment start dates from April 1 through April 30, 2026. Employers must file these petitions no earlier than 15 days after the second-half statutory cap is reached. Employers must also file these petitions no later than 45 days after the second half of the statutory cap is reached.
Third allocation for employment start dates from May 1 through Sept. 30, 2026: 18,490 visas, plus any unused visas from the first and second allocations. These petitions must request employment start dates from May 1 through Sept. 30, 2026. Employers must file these petitions no earlier than 45 days after the second-half statutory cap is reached. Employers must also file these petitions no later than Sept. 15, 2026.
Filing Deadline
USCIS will stop accepting petitions under this temporary final rule received after Sept. 15, 2026, after the final filing date for an allocation, or after the applicable cap has been reached, whichever occurs first. USCIS will reject any petitions received after Sept. 15, after the final filing date for an allocation, or after the cap is reached, whichever is earlier. USCIS will deny all pending petitions not approved before Oct. 1, 2026, and will not refund any fees.
USCIS will consider petitions requesting an employment start date after Sept. 30, 2026, towards the first half statutory FY 2027 H-2B cap, subject to all eligibility requirements for FY 2027 H-2B cap filings.