FY2026 H-2B Supplemental Returning-Worker Cap Reached: What Employers Should Know

U.S. Citizenship and Immigration Services (USCIS) has announced that the first allocation of fiscal year 2026 supplemental H-2B visas for returning workers — covering start dates from January 1 through March 31, 2026 — has been met. The outcome, while disappointing for many employers, was not unexpected.

USCIS confirmed that it received more petitions than the 18,490 supplemental visas available under this allocation. As a result, the agency implemented a computer-generated random selection process for petitions received during the first five business days of filing, February 2 through February 6. In practical terms, even after Congress authorized additional visa numbers, the supply of workers once again fell short of actual seasonal labor demand.

For employers who filed under this allocation window, receipt notices are now being issued. However, some employers who timely and properly filed petitions will not receive receipt notices because their petitions were not selected in the lottery. If you have not already done so, this is the time to speak with your agent or attorney about contingency planning. In the H-2B program, waiting for clarity is rarely a workable strategy; preparation and early decision-making are essential.

The broader takeaway is not limited to any individual case. Each year employers demonstrate legitimate temporary need, invest significant time and expense in compliance, and follow a complex regulatory process — only to ultimately face a lottery for access to essential seasonal labor. Temporary annual fixes do not resolve a structural workforce issue. The recurring mismatch between visa availability and documented labor demand continues to create uncertainty for businesses, employees, and the communities they support.

Employers should consider contacting their congressional representatives to advocate for a predictable, permanent solution within the H-2B system. A workforce program that operates through annual crisis management does not provide the stability necessary for long-term business planning or economic growth.

To the many employers, HR professionals, and industry associations navigating this process: your persistence and professionalism matter, and your advocacy continues to shape the broader conversation.

I am always available to speak with employers about H-2B planning, whether addressing this season’s challenges or preparing early for a future filing. If a conversation would be helpful, please feel free to reach out.

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