U.S. Citizenship and Immigration Services (USCIS) has officially announced that the congressionally mandated H-2B statutory cap for the second half of fiscal year (FY) 2026 has been reached. This alert marks a critical transition for U.S. employers in seasonal industries like hospitality, landscaping, and seafood processing, who must now pivot to supplemental visa allocations to meet their staffing needs for the spring and summer seasons.
The Statutory Cap: Key Dates and Rejections
USCIS determined that March 10, 2026, was the final receipt date for new cap-subject H-2B petitions requesting an employment start date on or after April 1, 2026, and before October 1, 2026.
Any new cap-subject petitions received after this March 10 cutoff that fall within these start dates will be rejected. However, USCIS will continue to accept petitions that are exempt from the statutory cap, including:
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Current H-2B workers seeking to extend their stay or change employers.
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Fish roe processors and technicians.
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Workers performing labor in the Commonwealth of the Northern Mariana Islands or Guam.
Supplemental Visa Allocations: Your Second Chance
While the standard 33,000 visas for the second half of the year are accounted for, the Department of Homeland Security (DHS) and the Department of Labor (DOL) previously authorized a temporary final rule making available an additional 64,716 supplemental H-2B visas for FY 2026.
With the statutory cap filled, filing windows for the remaining supplemental allocations are now opening:
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Second Allocation (Returning Workers): * Capacity: 27,736 visas.
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Target: Returning workers (those who held H-2B status in FY 2023, 2024, or 2025).
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Filing Window: Opened March 25, 2026. Employers must file no later than April 23, 2026, or until the cap is reached.
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Start Dates: April 1 to April 30, 2026.
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Third Allocation (All Workers): * Capacity: 18,490 visas.
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Target: Workers of any nationality, regardless of returning worker status.
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Filing Window: Opens April 24, 2026. Employers must file no later than September 15, 2026.
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Start Dates: May 1 to September 30, 2026.
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Employer Requirements: The “Irreparable Harm” Standard
To qualify for these supplemental visas, employers must submit a Form ETA-9142-B-CAA-9 attestation. They must prove that their business is suffering—or will suffer—irreparable harm (severe financial loss) if they cannot employ the requested H-2B workers.
Conclusion
The rapid exhaustion of the H-2B statutory cap underscores the ongoing labor demand in the U.S. seasonal economy. While the March 10 cutoff closed one door, the supplemental filing windows starting on March 25 and April 24 offer a vital lifeline for businesses still facing critical workforce shortages.
Are you navigating the complex H-2B supplemental filing process or worried about meeting the “irreparable harm” evidence standard? At Lforlaw, we connect you with experienced immigration attorneys who specialize in high-volume seasonal visa petitions.
Contact Lforlaw today to ensure your supplemental filing is accurate, timely, and legally robust.
Sources
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USCIS Official Alert: USCIS Reaches H-2B Cap for Second Half of FY 2026 and Filing Dates Now Available for Supplemental Visa Allocations (March 20, 2026).
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Federal Register: Temporary Increase in H-2B Nonimmigrant Visas for FY 2026.
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US Department of Labor: H-2B Temporary Non-Agricultural Labor Certification updates.
