H-2B 2026: Supplemental Cap of 64,716 Visas and How to Apply

The H-2B program is the gateway into the United States for temporary nonagricultural workers, covering sectors such as hospitality, landscaping, seafood processing, seasonal construction, and forestry. The statutory annual cap is 66,000 visas, split into 33,000 for each half of the fiscal year. Because actual demand far exceeds that quota, Congress has authorized the Department of Homeland Security to release supplemental visas nearly every year, and fiscal year 2026 was no exception: 64,716 additional visas were made available, a number that nearly doubles the original cap.

This chapter of the program matters well beyond U.S. borders. H-2B employs workers from dozens of countries, involves consulates throughout Latin America, Asia, and Europe, and accounts for a large share of seasonal contracts that sustain entire local economies in the United States. Understanding how the supplemental cap works, who qualifies, and what the deadlines are is what separates a well-prepared petition from a lost season.

The H-2B Statutory Cap

The Immigration and Nationality Act (INA), at section 214(g)(1)(B), sets the annual ceiling at 66,000 H-2B visas per fiscal year. That total is divided into two windows: 33,000 visas for employers with a start date between October 1 and March 31, and another 33,000 for start dates between April 1 and September 30. Unused visas from one half do not automatically carry over to the next, making the filing timeline just as strategic as the merits of the case.

In practice, the cap is reached very quickly. In fiscal year 2026, the statutory limit for the second half was hit in March, triggering the supplemental allocations set forth in a temporary rule issued by DHS and the Department of Labor.

The 64,716-Visa Supplement

On January 30, 2026, DHS and DOL published the temporary final rule making 64,716 additional H-2B visas available for fiscal year 2026, under the authority of section 101 of the Continuing Appropriations Act of 2026 (Public Law 119-37). The rule divides the supplement into three distinct allocations, each with its own target population, deadline, and filing window. Understanding these three windows is essential for any employer planning to file Form I-129 within the current fiscal year.

First Allocation: 18,490 Visas

Reserved exclusively for returning workers, meaning foreign nationals who received an H-2B visa or were formally admitted in H-2B status during at least one of fiscal years 2023, 2024, or 2025. It covers start dates between January 1 and March 31, 2026, and was intended to provide relief for the first half of the fiscal year. USCIS reached the limit within a few weeks of opening.

Second Allocation: 27,736 Visas

Also restricted to returning workers under the same criteria as the first allocation. The filing window opens between fifteen and forty-five days after USCIS announces that the second-half cap has been reached. That announcement was made on March 20, 2026, allowing supplemental petitions to begin shortly afterward.

Third Allocation: 18,490 Visas

This is the only allocation with no returning worker requirement. It covers start dates between May 1 and September 30, 2026, and also absorbs any unused visas from the prior allocations. The filing window runs from forty-five days after the second-half cap announcement through September 15, 2026.

Who Qualifies as a Returning Worker

The concept of returning worker does not simply mean having worked in the United States in the past. For purposes of the 2026 supplement, the rule requires the foreign national to have been counted against the cap in at least one of the three immediately preceding fiscal years (2023, 2024, or 2025). Employers intending to use this pathway must document the returning basis through prior petition numbers, admission records, and, in many cases, consular evidence.

This rule shifts the market dynamic. Workers with recent seasons have a competitive advantage over first-timers, and employers must map their eligible returning worker base before deciding which allocations to pursue.

Irreparable Harm Attestation

Every petition using the supplement requires an attestation signed under penalty of perjury. The employer must affirm that it suffers, or will suffer, irreparable harm if the additional workers are not approved. The rule defines irreparable harm as permanent and severe financial loss, a phrase that carries real legal weight and demands consistent documentation, including evidence of failed domestic recruitment efforts, signed client contracts, and the concrete operational impact of the labor shortage.

Industries That Depend on H-2B

• Hospitality and tourism: resorts, theme parks, seasonal restaurants, and beach or ski hotels.
• Landscaping and groundskeeping: the sector that historically accounts for the largest share of approved petitions.
• Seafood processing: primarily in Alaska, Maine, and the Gulf Coast.
• Seasonal construction: in states with a short weather window for outdoor work.
• Forestry, amusement parks, traveling fairs, and auxiliary event services.

These sectors share a common trait: demand is cyclical and predictable, which satisfies the legal requirement of temporary need as defined by USCIS, whether the need is one-time, seasonal, intermittent, or peak-load.

Costs, Timelines, and Process

The H-2B pathway involves multiple agencies. Before reaching USCIS, the employer must obtain a Prevailing Wage Determination and a Temporary Labor Certification from DOL, processes that involve labor market testing and advertising positions to domestic candidates. Only then comes Form I-129, which may be accompanied by the additional Asylum Program Fee established by USCIS’s 2024 final rule. In total, from the start of domestic recruitment to the consular appointment, the cycle typically takes 90 to 180 days, a timeline that can be shortened through separately paid Premium Processing.

At the consulate, the worker submits Form DS-160, attends the interview, and, if approved, receives the H-2B visa with validity aligned to the Temporary Labor Certification period, typically up to ten months. Extensions are possible, but total time in H-2B status is capped at three consecutive years before a departure from the country is required.

What Changed From Prior Cycles

Prior supplemental cycles included country-specific quotas for nationals of Haiti, Honduras, Guatemala, and El Salvador, and applied returning worker criteria tied to different windows. That structure has changed. The 2026 supplement retains only the split between returning worker allocations and the general allocation, without reserving a percentage by nationality. Practitioners and applicants relying on information published before 2024 should revisit their references and fee schedules, because each fiscal year redefines the cap, deadlines, and eligibility rules.

H-2B remains one of the primary legal pathways for temporary workers entering the United States, and the 2026 supplemental cycle shows that the program’s design remains in continuous adjustment. Monitoring the Federal Register and USCIS cap alerts is what allows employers and workers to turn this legal window into effective contracts.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.