H-2B Supplemental Visas FY 2026: New Cap Relief for Seasonal Workers and Employers

··Alejandro Daniel Jose·Work Visa·8 min read
H-2B Supplemental Visas FY 2026: New Cap Relief for Seasonal Workers and Employers

The U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) have authorized a significant batch of supplemental H-2B nonimmigrant visas for Fiscal Year 2026 (FY2026), providing critical cap relief for employers in seasonal industries who have been unable to hire the workers they need under the standard annual H-2B cap. This temporary final rule adds thousands of additional H-2B visa numbers on top of the regular 66,000 annual cap, distributed across multiple allocations in the second half of FY2026.

If you are a U.S. employer in a seasonal industry — hospitality, landscaping, seafood processing, resorts, amusement parks — or a foreign national worker seeking H-2B employment, this guide explains exactly what the supplemental allocation means, who qualifies, and how to access the additional visas.

What Is the H-2B Visa Program?

The H-2B nonimmigrant visa allows U.S. employers to temporarily hire foreign nationals for non-agricultural seasonal, peak-load, intermittent, or one-time-occurrence jobs. Unlike the H-1B visa, which requires a college degree and is focused on specialty occupations, the H-2B is designed for temporary, lower-skilled positions in industries with genuine seasonal labor shortages.

Common H-2B industries include:

  • Hospitality and tourism (hotels, resorts, ski lodges)
  • Landscaping and groundskeeping
  • Seafood and food processing
  • Amusement parks and recreation
  • Construction (in limited seasonal contexts)
  • Housekeeping and janitorial services

The H-2B Annual Cap and Why a Supplemental Allocation Is Needed

By law, Congress set the annual H-2B cap at 66,000 visas per fiscal year — split evenly between the first half of the fiscal year (October–March, 33,000 visas) and the second half (April–September, 33,000 visas). This cap has been routinely exhausted years in advance, leaving thousands of employers without the workers they need during peak business periods.

To address this chronic shortage, Congress gave DHS the authority to issue supplemental H-2B visas above the cap in collaboration with DOL. Since FY2017, DHS has exercised this authority in almost every fiscal year, with the size of the supplemental allocation varying based on assessed demand.

FY2026 Supplemental H-2B Allocation: What’s Available

Under the FY2026 temporary final rule, DHS has authorized a supplemental allocation distributed in three separate tranches for the second half of FY2026 (April–September 2026):

  • First allocation: Reserved for workers from specific designated countries identified by DHS as consistent with U.S. foreign policy and labor market needs
  • Second allocation (Second Half, Tranche 1): Available to returning H-2B workers — those who were counted against the H-2B cap in FY2024 or FY2025 and are returning to work for the same employer or a new petitioning employer
  • Third allocation (Second Half, Tranche 2): Open to all eligible H-2B workers, including first-time H-2B applicants, subject to availability

USCIS processes petitions under supplemental allocations on a first-come, first-served basis. Once a tranche is exhausted, no additional supplemental visas are available in that allocation — employers must wait for the next tranche or the following fiscal year.

Who Qualifies for H-2B Supplemental Visas?

Employer Requirements

To petition for H-2B workers — supplemental or regular cap — U.S. employers must demonstrate:

  • Temporary need: The job is a one-time occurrence, seasonal need (tied to a specific season or time of year), peak-load need, or intermittent need. Permanent, year-round jobs do not qualify.
  • U.S. worker recruitment: The employer must first conduct a genuine recruitment effort to hire U.S. workers and document that there are no qualified, willing, and able U.S. workers available for the positions.
  • Prevailing wage compliance: Employers must pay the prevailing wage for the position in the area of employment, as determined by the Department of Labor.
  • Approved temporary labor certification: The employer must obtain a Temporary Labor Certification (TLC) from DOL before filing the I-129 petition with USCIS.

Worker Requirements

Foreign workers seeking H-2B status must:

  • Be a national of a country on the DHS-designated H-2B eligible countries list (most countries are included, with some exceptions)
  • Have a valid job offer from a U.S. employer with an approved TLC
  • Not have previously overstayed a U.S. visa or violated U.S. immigration law
  • Demonstrate intent to return to their home country at the end of their authorized stay
  • Meet any job-specific qualifications required by the employer

How to Apply: Step-by-Step Process for Employers

The H-2B process involves multiple agencies and steps. Here is the complete process for the FY2026 supplemental allocation:

  • Step 1 — Submit job order to State Workforce Agency (SWA): The employer submits a job order to the SWA in the state where workers will be employed. The SWA posts the job for recruitment purposes. This step must occur well before the anticipated start date.
  • Step 2 — File Form ETA-9142B (Temporary Labor Certification) with DOL: Employers submit the application for a TLC to the Department of Labor’s Chicago National Processing Center, along with recruitment documentation showing U.S. workers were sought. This is typically the longest step, taking several weeks.
  • Step 3 — File Form I-129 (Petition for Nonimmigrant Worker) with USCIS: Once DOL approves the TLC, the employer files the I-129 petition with USCIS, designating the supplemental cap. Premium processing (Form I-907) is available for H-2B petitions for an additional fee, expediting the USCIS decision to 15 business days.
  • Step 4 — Workers apply for H-2B visas at U.S. consulate: Approved workers apply for H-2B nonimmigrant visas at a U.S. embassy or consulate in their home country. They will need Form DS-160, a valid passport, the USCIS approval notice (Form I-797), and documentation of their employment offer.
  • Step 5 — Workers enter the United States: Once the visa is issued and the employment start date approaches, workers travel to the United States and are admitted as H-2B nonimmigrants for the period authorized on the approval notice.

H-2B Cap Countdown: Act Fast

Supplemental H-2B allocations typically fill up quickly, especially the tranches open to all H-2B eligible workers. Employers who need workers for summer 2026 — the peak season for landscaping, hospitality, and outdoor recreation — should begin the TLC process immediately. Given that DOL processing alone can take 4–8 weeks, employers who have not yet started should understand that there is very limited time to access supplemental visas for the summer 2026 season.

Returning workers — those who held H-2B status in FY2024 or FY2025 — have the advantage of a dedicated allocation and a somewhat streamlined process. Employers should prioritize returning workers first to maximize the chance of getting approved workers in place before the summer rush.

H-2B vs. Other Seasonal Work Options

Employers exploring seasonal labor options in 2026 should be aware of the full range of temporary work visa options:

  • H-2A (agricultural workers): For agricultural employers, the H-2A program has no annual cap and may be a faster option for seasonal farm labor needs
  • J-1 (exchange visitors): The J-1 Summer Work Travel program allows foreign students to work in the United States during their summer break — an alternative source of seasonal labor, though with specific program restrictions
  • TN visa (Mexico and Canada): For certain professional positions involving Mexican or Canadian nationals, the TN visa under USMCA may be an option

Frequently Asked Questions

How many supplemental H-2B visas are available for FY2026?
USCIS has not published a single total figure — the supplemental allocation is distributed across multiple tranches. Each tranche has its own cap, which is published in the Federal Register temporary final rule for FY2026.

Can a worker who came on H-2B in FY2025 come back in FY2026?
Yes. Returning workers who were counted against the H-2B cap in FY2024 or FY2025 are eligible for a dedicated supplemental tranche, which is easier to access than the general allocation.

Do supplemental H-2B workers need a new visa stamp each year?
Yes. Workers need a new H-2B visa for each period of admission, unless they are already in the United States in H-2B status and are simply extending or changing employers. Workers returning from abroad need to apply for a new visa at a U.S. consulate.

Can an H-2B worker change employers?
Yes, under certain conditions. The new employer must file a new I-129 petition before the worker begins employment. Unlike H-1B, H-2B portability is more limited — workers generally cannot begin work for a new employer until the petition is approved.

What countries are eligible for H-2B visas in FY2026?
DHS publishes an annual list of eligible countries. Most countries in Latin America, the Caribbean, Eastern Europe, and Southeast Asia are included. Check the most recent Federal Register notice or USCIS.gov for the current FY2026 eligible country list.

See also: H-2A Agricultural Worker Visa 2026

Update May 2026: Second H-2B Supplemental Cap Reached

As of late April 2026, USCIS announced it received enough petitions to reach the cap for the second allocation of 27,736 additional H-2B visas for returning workers with start dates from April 1 to April 30, 2026. USCIS has stopped accepting new petitions under this allocation. Employers who missed this window must wait for any future supplemental cap announcements or plan around the standard H-2B annual cap (66,000 visas split between October and April start dates). Monitor uscis.gov for announcements about additional supplemental allocations for FY 2027.

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