H-2B Visa Cap 2026: What Workers and Employers Must Know

Every year, employers race to file H-2B petitions — and every year, the cap fills up faster than many expect. In FY2026, USCIS announced on September 16, 2025, that the first-half cap was already reached. Petitions received on September 12, 2025, pushed the count past the limit, forcing USCIS to run a lottery to decide which employers would get visa numbers.

How the H-2B cap works in 2026

The H-2B visa program lets U.S. employers hire temporary workers for non-agricultural jobs — think landscaping, hospitality, or seafood processing. Congress sets a strict annual limit of 66,000 H-2B visas, split into two halves: 33,000 for workers starting before April 1, and 33,000 for workers starting on or after April 1. When USCIS receives more petitions than available spots, it runs a computer lottery to randomly pick which petitions to process. All petitions chosen in the lottery get the same receipt date — in this case, September 12, 2025.

For FY2026, the government also made extra visas available beyond the standard 66,000. A rule published in early 2026 authorized up to 64,716 supplemental H-2B visas, bringing the total possible to 130,716 for the fiscal year. These supplemental visas were released in three rounds. The first allocation offered 18,490 visas, the second offered 27,736 (which USCIS announced was reached on April 29, 2026), and the third offers 18,490 more. Importantly, the first two rounds were limited to returning workers — people who held H-2B status in fiscal years 2023, 2024, or 2025. The third round is open to any eligible worker, regardless of prior H-2B history. USCIS also removed the country designation requirement for H-2B petitions in 2026, meaning workers from more countries can now qualify.

Why this matters for workers and employers

Demand for H-2B visas has grown sharply in recent years. For the second half of FY2026, DOL received 8,759 applications by early January 2025 covering nearly 150,000 worker positions — far more than the 33,000 slots available. This means most employers who apply will not get a visa number in the regular cap. If your employer's petition was not selected in the lottery, you may still have options through the supplemental visa rounds — especially the third allocation, which is open to all workers.

What to do

• Ask your employer whether their petition was selected in the USCIS lottery. If not, ask whether they plan to file for the supplemental H-2B allocation.
• If you held H-2B status in FY2023, FY2024, or FY2025, tell your employer — you may qualify for the returning-worker rounds, which have separate visa numbers.
• Watch for USCIS announcements about the third supplemental allocation (18,490 visas), which is open to all workers, not just returning ones.
• Immigration lawyers recommend filing as early as possible in each new window, since supplemental caps also fill up quickly. Consider consulting an attorney to review your eligibility before the next filing period opens.