U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to reach the cap for the second allocation of H-2B nonimmigrant visas for returning workers for the 2026 fiscal year. This allocation was specifically designated for workers regardless of their country of nationality, provided they were issued an H-2B visa or held H-2B status in one of the last three fiscal years.
At Lforlaw, we understand that seasonal staffing is the lifeblood of many American industries. As these federal limits are met earlier each year, strategic planning and timely filing have become the difference between a successful season and a labor shortage.
The Current Status: What Has Been Reached?
The reached cap applies specifically to the 22,000 visas made available for returning workers with start dates between April 1, 2026, and May 14, 2026.
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Petitions Closed: USCIS will no longer accept new petitions for H-2B workers under this specific “returning worker” supplemental allocation for these dates.
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Late Filings: Any petition received after the final receipt date that requested a returning worker under this allocation will be rejected.
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The “Country-Specific” Exception: While the returning worker cap is full, USCIS continues to accept petitions for the 20,000 visas reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica who are exempt from the returning worker requirement.
Who Can Still File?
Even with this cap reached, certain H-2B petitions are exempt from the congressionally mandated limit. You may still be able to file if your petition is for:
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Current H-2B Workers: Those already in the U.S. who are extending their stay, changing employers, or changing the terms of their employment.
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Fish Roe Processors: Workers in the fish roe processing industry or those performing related services.
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Northern Mariana Islands/Guam: Workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam through December 31, 2029.
Looking Ahead: The Next Filing Window
For employers who missed this window, the next major opportunity involves the third allocation of supplemental visas.
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Third Allocation: This covers 10,000 visas for returning workers with start dates from May 15, 2026, to September 30, 2026.
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Filing Requirement: Employers must still prove that their business is suffering or will suffer “irreparable harm” if they cannot employ these temporary workers.
The rapid exhaustion of the H-2B returning worker allocation underscores the high demand for seasonal labor in the 2026 economy. For employers in landscaping, hospitality, and construction, these administrative deadlines are as critical as the work itself. Navigating the intersection of supplemental caps, country-specific exemptions, and “irreparable harm” certifications requires a proactive legal strategy to ensure your workforce remains stable throughout the summer peak.
Did you miss the April-May filing window, or are you preparing for the late-summer allocation? Don’t leave your seasonal staffing to chance. Contact Lforlaw today to connect with an employment immigration attorney who can help you prepare your “irreparable harm” documentation and ensure your petitions are ready for the next available visa block.
