U.S. Citizenship and Immigration Services has announced that enough petitions to reach the cap for the additional 27,736 H-2B visas made available for the second allocation of returning workers for fiscal year 2026, with start dates from April 1 to April 30, 2026, under the H-2B supplemental cap temporary final rule, have been received.
H-2B program is used by American companies to hire foreign nationals for temporary non-agricultural occupations in the United States.
April 21, 2026, was the final receipt date for petitions requesting supplemental H-2B visas under the second allocation of returning worker H-2B visas for fiscal year 2026. These additional H-2B visas will support American businesses with seasonal or temporary workforce needs, including those in critical sectors of the U.S. economy.
In fiscal year 2026, which ends October 31, an additional 64,716 H-2B nonimmigrant visas will be available for those seeking to work in the US. The H-2B program allows US companies to employ foreign workers for temporary non-agricultural jobs, with a maximum stay of three years. After this period, workers have to exit the US and remain abroad for three months before reapplying for entry.
On January 30, 2026, the Department of Homeland Security (DHS) and the Department of Labor jointly announced the fiscal year 2026 temporary final rule increasing the cap on H-2B nonimmigrant visas by up to 64,716 additional visas.
These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested in their petition, as attested by the employer on a new attestation form.
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).
But the US laws give the Secretary of DHS the authority to make available additional H-2B visas for FY 2026. In January, the US announced an increase in H-2B non-immigrant visas by up to 64,716 additional visas.
The third allocation for employment start dates from May 1 to September 30, 2026, allows for 18,490 visas, in addition to any unused visas from previous allocations. Petitions must be filed by employers between April 24 and September 15, 2026, with the first date being 45 days after the second-half statutory cap is reached.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.