The FY 2026 Second Half H-2B Cap Has Been Met: What Employers Need to Know Now

On March 20, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B statutory cap for the second half of fiscal year 2026 has been met. For employers who have been waiting on this news — and for those caught off guard by it — this announcement carries significant immediate implications. Here is what you need to know and what you should be doing right now.

The Cap Is Closed — Here Is What That Means

March 10, 2026 was designated as 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. USCIS will reject any new cap-subject petitions received after that date that fall within this start date range. If your petition was not received by March 10, it will not be accepted under the statutory cap.

It is worth noting that USCIS did not publish this announcement until March 20, 2026 — a full ten days after the cap closure date. In a program as time-sensitive as H-2B, where employers are actively planning seasonal operations and workers are preparing for travel, a ten-day lag in communication creates real and unnecessary uncertainty. Employers and practitioners deserve timely notice. That said, now that the announcement has been published, we can shift our attention to what comes next.

The Supplemental Returning Worker Allocation: Your Next Opportunity

Congress has authorized supplemental H-2B visa allocations for fiscal year 2026, and the second returning worker allocation is now available. Employers who missed the statutory cap may still be able to bring workers in under this supplemental allocation — but eligibility is strictly limited.

The second returning worker supplemental allocation covers start dates of April 1, 2026 through April 30, 2026 and includes 27,736 visas, plus any unused visas carried over from the first returning worker allocation. Petitions may be filed beginning March 25, 2026.

Who Qualifies as a Returning Worker?

This is one of the most common points of confusion among employers, and it is critical to get right. A returning worker is any individual who held H-2B nonimmigrant status at least once during the prior three fiscal years. No other visa classification qualifies — not H-2A, not any other temporary work visa. The worker must have held H-2B specifically, and workers who are new to the H-2B program are not eligible under this allocation.

Employers should audit their proposed worker lists carefully before filing. Including ineligible workers in a supplemental petition — whether through oversight or misunderstanding — can cause issues in an audit for your compliance.

The Irreparable Harm Requirement: A Critical Threshold

Supplemental H-2B allocations are not open to all H-2B employers. Participation requires a specific attestation: the petitioning employer must attest that its business will suffer irreparable harm without the ability to employ H-2B workers during the applicable period. This is not a low bar, and it is not a formality.

Irreparable harm, in this context, means that the business in the absence of these workers would cause financial harm to the employer's operations. Employers who cannot genuinely make this attestation should not file under the supplemental allocation. Those who can should ensure their documentation reflects the concrete operational impact of being without their H-2B workforce.

What Employers Should Be Doing Right Now

If you have returning H-2B workers who were not covered under the statutory cap, the window ahead of you is narrow. The supplemental allocation is finite, demand is high, and the filing window opens March 25, 2026. Now is the time to confirm your workers' prior H-2B status, ensure your Department of Labor certification is in order, and have your documentation ready to file at the earliest opportunity.

If you are working with legal counsel, follow their guidance on timing. If you are navigating this process without representation, the complexity of the supplemental filing requirements — combined with the strict eligibility rules and attestation standards — makes this an advisable time to consult with an H-2B attorney before submitting anything.