The H-2B nonimmigrant visa program allows U.S. employers to temporarily hire foreign nationals for non-agricultural seasonal or intermittent work. Each fiscal year, Congress sets a statutory cap of 66,000 H-2B visas (33,000 per half). For FY 2026, both halves of the regular cap have been exhausted — but significant supplemental visa capacity remains available through a separate regulatory tranche.
- FY 2026 H-2B Cap Status at a Glance
- Third Supplemental Allocation: What Employers Need to Know Now
- Who Qualifies as a Returning Worker?
- H-2B Eligible Industries and Occupations
- H-2B Application Process: Step-by-Step for Employers
- H-2B vs. H-2A: Key Differences
- Frequently Asked Questions (H-2B Visa 2026)
- Related Articles
FY 2026 H-2B Cap Status at a Glance
| Cap Period | Visas Available | Cap Reached | Status |
|---|---|---|---|
| First Half FY 2026 (Oct 1 – Mar 31) | 33,000 | ~Nov 2025 | ❌ Exhausted |
| Second Half FY 2026 (Apr 1 – Sep 30) | 33,000 | Mar 10, 2026 | ❌ Exhausted |
| Supplemental Returning Workers — 1st Alloc. (Jan–Mar 2026) | ~18,490 | Feb 6, 2026 | ❌ Exhausted |
| Supplemental Returning Workers — 2nd Alloc. (Apr 2026) | 27,736 | Apr 21, 2026 | ❌ Exhausted |
| Supplemental 3rd Alloc. — All Employers (May 1–Sep 30, 2026) | 18,490 | Not yet reached | ✅ Open — file by Sep 15 |
The statutory H-2B cap for the second half of FY 2026 was reached on March 10, 2026. USCIS stopped accepting new cap-subject petitions for employment start dates on or after April 1, 2026. However, because of industry pressure from hospitality, landscaping, and seafood processing sectors, DHS and DOL jointly exercised their time-limited authority to release three supplemental allocations totaling 64,716 additional visas for FY 2026.
Third Supplemental Allocation: What Employers Need to Know Now
The third and final supplemental H-2B allocation for FY 2026 covers 18,490 visas for workers with employment start dates between May 1 and September 30, 2026. Unlike the first two allocations — which were limited to returning workers (foreign nationals who held H-2B status in FY 2023, FY 2024, or FY 2025) — the third allocation is open to any eligible H-2B worker, including first-time applicants.
| Detail | Information |
|---|---|
| Visas available | 18,490 + unused visas from 1st & 2nd allocations |
| Employment start date range | May 1 – September 30, 2026 |
| Earliest petition filing date | April 24, 2026 (45 days after 2nd half statutory cap) |
| Latest petition filing deadline | September 15, 2026 |
| Returning worker requirement | ❌ None — open to all qualifying workers |
| Employer attestation required | ✅ Yes — must attest to irreparable harm without H-2B workers |
To use this allocation, employers must demonstrate that their business will suffer irreparable harm without the ability to employ the requested H-2B workers. This attestation is completed on a specific form submitted alongside Form I-129 (Petition for a Nonimmigrant Worker).
Who Qualifies as a Returning Worker?
For the first two supplemental allocations (now closed), a “returning worker” was defined as a foreign national who was previously issued an H-2B visa or otherwise granted H-2B status during one of the three most recent fiscal years: FY 2023, FY 2024, or FY 2025. This definition allowed repeat seasonal workers to re-enter more quickly. For the third allocation, this restriction does not apply.
H-2B Eligible Industries and Occupations
The H-2B visa covers temporary non-agricultural positions in a broad range of industries. Employers in the following sectors represent the bulk of H-2B petitions filed each year:
| Industry | Common H-2B Roles | Typical Season |
|---|---|---|
| Hospitality & Tourism | Hotel housekeeper, resort staff, cook | Summer / Winter |
| Landscaping | Groundskeeper, tree trimmer, lawn care | Spring / Summer |
| Seafood Processing | Crab picker, fish processor | Spring / Summer |
| Amusement Parks | Ride operator, games attendant | Summer |
| Construction (temporary need) | Laborer, roofer (intermittent) | Varies |
H-2B Application Process: Step-by-Step for Employers
The H-2B process begins with the employer, not the worker. Here is the standard sequence for filing under the third supplemental allocation:
Step 1 — Temporary Labor Certification (TLC): The employer files a job order with the State Workforce Agency (SWA) and submits ETA Form 9142B with the Department of Labor (DOL). DOL verifies that qualified U.S. workers are not available for the positions.
Step 2 — File Form I-129 with USCIS: After receiving a certified TLC from DOL, the employer submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS with the required filing fees, supporting documentation, and the irreparable harm attestation required for supplemental visa eligibility.
Step 3 — Consular processing or change of status: If the petition is approved and the worker is abroad, they apply for an H-2B visa at a U.S. consulate. Workers already in the U.S. on a qualifying status may file for a change of status instead.
Step 4 — Worker admission: Upon visa issuance, the worker may enter the United States and begin employment on the authorized start date listed on the approved petition.
H-2B vs. H-2A: Key Differences
Employers sometimes confuse the H-2B and H-2A programs. Both cover temporary foreign workers, but there are important distinctions:
| Feature | H-2B | H-2A |
|---|---|---|
| Industry | Non-agricultural | Agricultural only |
| Annual cap | 66,000 (+ supplemental) | No cap |
| Free housing required | No | Yes |
| Maximum stay | 1 year (extendable to 3) | Length of contract (up to 3 yrs) |
Frequently Asked Questions (H-2B Visa 2026)
Related Articles
For more information on temporary work visas and immigration processes:
