H-2B visa cap exhausted for 2026: Check eligibility and filing dates for supplemental slots

USCIS confirmed the H-2B visa cap for FY 2026 is reached, affecting industries needing seasonal labor. Supplemental visas are available.

The US Citizenship and Immigration Services on Tuesday confirmed that the statutory cap for H-2B work visas has been met for the latter half of the fiscal year 2026.

USCIS allocates supplemental H-2B visas amid labor shortages, with application process opening on March 25, 2026. (Unsplash/ Representational)

This program enables US employers to hire foreign nationals for temporary, non-agricultural positions when there is an inadequate supply of domestic labor.

H-2B visa cap reached: Know who is affected

The visa cap impacts industries like hospitality and landscaping, which rely on seasonal labor during high-demand times. This development arises as labor shortages persist across various sectors, with agricultural employers indicating disruptions due to a decrease in the availability of migrant workers. Supplemental visas have been introduced to tackle these labor shortages. The agency has detailed further visa allocations to assist employers.

Supplemental visas are available: Check dates

A total of 27,736 supplemental visas are allocated for positions commencing between April 1 and April 30, whereas 18,490 visas are reserved for roles starting from May 1 to September 30. These allocations are contingent upon eligibility requirements and must be submitted within designated time frames. According to current regulations, Congress establishes an annual limit of 66,000 H-2B visas, divided equally between the two halves of the fiscal year. Once this cap is reached, no additional petitions subject to the cap will be accepted.

H-2B visa: Deadline for applications

USCIS said that March 10, 2026, was the last date for submitting petitions related to employment commencing between April 1 and September 30. The agency has emphasized that any applications submitted after this deadline will be denied.

As of 2026, Indian nationals continue to be excluded from the list of countries eligible for the H-2B visa program.

Policy adjustments increase visa availability

Earlier this year, the administration announced an expansion of the H-2B program, permitting up to 64,716 additional visas for the fiscal year 2026. This initiative, implemented in collaboration with the Department of Homeland Security and the Department of Labor, seeks to mitigate persistent workforce shortages in seasonal industries. Since the fiscal year 2017, federal agencies have been empowered to issue supplemental visas beyond the statutory limit when labor demand surpasses supply. Business organizations have consistently advocated for the full utilization of this discretionary allocation to maintain operations in sectors dependent on temporary foreign workers.

New phase emphasizes the reintegration of returning workers

The agency is set to begin the application process for a returning worker allocation that will cover start dates in April. Submissions will open on March 25, 2026, for a total of 27,736 visas designated for people who have previously held H-2B status within the last three fiscal years. This allocation does not include new applicants and aims to facilitate the hiring process for employers in need of skilled seasonal workers.