USCIS has reached the FY2026 first-half supplemental H-2B returning-worker cap (Jan. 1–Mar. 31 start dates), selecting petitions by lottery after demand exceeded the 18,490 available visas. Some timely filers will not receive receipt notices. Employers should promptly discuss contingency plans with counsel and continue advocating to Congress for a predictable, permanent H-2B solution.

The Department of Labor has issued first actions to 57.9% of H-2B Group B filings for April 1, 2026 start dates. Here’s what the latest processing data means for employers in Groups C–H still waiting.

Demand for H-2B visas has surged 60% in five years, but DOL processing delays are pushing certifications dangerously close to peak season. Without a mid-December release of supplemental FY26 visas, employers could face duplicative filings, bottlenecks, and late worker arrivals into June or July. DHS must act now—and H-2B employers should contact their congressional representatives to urge immediate publication of the supplemental rule.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.