H-2B Visa Cap Hit for FY 2026: 64,716 Extra Visas Now Available
Every year, thousands of US businesses race to hire temporary foreign workers before a strict visa limit runs out. This year, that limit — the H-2B cap — was hit in September 2025, months before the fiscal year even ended. Now the government has released up to 64,716 extra visas, but the rules are strict and the window may close fast.
What happened with the H-2B cap in FY 2026?
Every year, the US government allows only 66,000 H-2B visas (temporary work visas for non-agricultural jobs like landscaping, hospitality, and seafood processing). This is called the "statutory cap." For the first half of fiscal year 2026 (which started October 1, 2025), USCIS received so many petitions that the cap was hit on September 12, 2025. USCIS had to run a lottery — a random computer selection — to decide which petitions to accept. All petitions chosen in the lottery received a receipt date of September 12, 2025.
Because US businesses said they could not find enough American workers, the Department of Homeland Security (DHS) used a special legal authority to release up to 64,716 additional H-2B visas for FY 2026. This is on top of the regular 66,000 cap, bringing the total possible H-2B visas for FY 2026 to 130,716. Of the supplemental visas, 27,736 are reserved for returning workers with employment start dates between April 1 and April 30, 2026. The remaining 18,490 are for employers with start dates on or after May 1, 2026 — often called "late season" employers.
Immigration Deadlines 2026 — Free
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To qualify for a supplemental visa, a worker must be a "returning worker" — meaning they held H-2B status in fiscal year 2023, 2024, or 2025. Employers must also show they are suffering "irreparable harm" (serious business damage that cannot be fixed later) or will suffer it soon if they do not get workers. The industries most affected include landscaping, arts and entertainment, hotels and restaurants, construction, forestry, and manufacturing. The government specifically noted that businesses preparing for the World Cup 2026 and America's 250th anniversary celebrations need these workers.
What to do
- If you are an employer: Check whether your workers qualify as "returning workers" — they must have held H-2B status in FY 2023, 2024, or 2025. You will need a Temporary Labor Certification (TLC) approved by the Department of Labor (DOL) before filing Form I-129 (the petition for a nonimmigrant worker) with USCIS.
- If you are a worker already in the US on another visa: Be aware that these supplemental visas do NOT allow you to change your status from inside the US. You must leave the US, apply for the H-2B visa at a US embassy or consulate abroad, and then re-enter.
- Consider premium processing (an option to pay extra for faster review of your petition) — government data shows about 93% of H-2B supplement petitioners use it. The premium processing fee is $1,780 per petition as of March 1, 2026.
- Act quickly. The supplemental cap visas are limited. In past years, these extra visas ran out fast. Immigration lawyers recommend filing as soon as your TLC is approved.
Fishkin Law Firm, New York
Employers seeking supplemental H-2B visas must document irreparable harm carefully — vague statements are not enough; USCIS expects financial records and business impact evidence. Workers who were in H-2B status in FY 2023, 2024, or 2025 should confirm their prior status is properly documented before their employer files, since a missing record can disqualify the petition. Given how quickly these supplemental caps have closed in prior years, consult an immigration attorney immediately to avoid missing the window.