DOL processing of FY2026 second-half H-2B applications hit Group F this week — and the timing couldn't be more complicated. Updated data shows only a small slice of Group F, if any, will make it under the returning worker supplemental cap. But the cap isn't even the whole story. Consular interview scheduling is running 3–4 weeks behind, and Holy Week closures in Mexico are making it worse. H-2B employers deserve a program that functions. Right now, they're not getting it.

On March 20, 2026, USCIS announced that the H-2B statutory cap for the second half of FY 2026 has been met, with March 10 established as the final receipt date. Employers who missed the cap are not without options — the supplemental returning worker allocation opens March 25, offering 27,736 visas for start dates of April 1–30. But eligibility is strict, the window is narrow, and the irreparable harm attestation is not a formality. Here is what you need to know now.

Many employers ask: “ Okay… but what are my real chances of getting workers ?” First — A Quick Refresher on How Supplemental Visas Work For FY 2026, the government created 64,716 additional H-2B visas beyond the regular cap. They are divided by start date of need, not by lottery group: ➡️ April 1 – April 30, 2026: 27,736 visas (returning workers only) ➡️May 1 – September 30, 2026: 18,490 visas (new OR returning workers) This matters because lottery group affects how early you

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.

DHS has published the FY 2026 H-2B supplemental visa rule, making 64,716 additional H-2B visas available for seasonal employers. The visas are divided into three allocations based on start date of need, providing expanded hiring opportunities for businesses facing labor shortages.

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.

As the H-2B season ends, employers should review key compliance steps, from verifying worker contact details and timely departures to maintaining payroll and document records. This guide outlines essential end-of-season responsibilities to help ensure DOL and USCIS compliance.

With a possible government shutdown approaching on October 1, 2025, employers relying on H-2B visas should prepare for disruptions. While USCIS, CBP, and consulates abroad are expected to continue many operations, the Department of Labor’s FLAG system will shut down, halting prevailing wage requests, H-2B applications (ETA-9142B), H-2A applications (ETA-9142A), LCAs, and PERM filings. Early action and planning are critical to minimize delays.

H-2B visa workers must pay U.S. taxes, including federal income tax, most state income taxes, and Social Security and Medicare contributions. Employers are required to withhold the correct amounts and issue W-2 forms each year. Workers must also file annual tax returns—usually as nonresidents using Form 1040NR. Staying compliant is critical, not just to avoid IRS penalties, but to protect future visa and green card opportunities.