USCIS Reaches Cap for Second FY2026 H-2B Returning Worker Allocation
Published Apr 29, 2026
USCIS has received enough petitions to reach the cap for the second allocation of 27,736 supplemental H-2B visas for returning workers with start dates from April 1 to April 30, 2026. April 21, 2026 was the final date USCIS received petitions counted toward this allocation.
Key points
- The second allocation covered 27,736 additional H-2B visas for returning workers under the fiscal year 2026 temporary final rule (TFR).
- April 21, 2026 was the final receipt date for petitions counted toward this allocation.
- The TFR, jointly announced by DHS and the Department of Labor on January 30, 2026, increased the overall FY2026 H-2B cap by up to 64,716 visas.
- These supplemental visas are limited to employers who attest, on a new attestation form, that they face or will face irreparable harm without the requested H-2B workers.
- USCIS and DHS continue to accept tips on alleged fraud or abuse related to H-2B employment through an online tip form.
Who is affected
U.S. employers who filed or planned to file H-2B petitions for returning workers under the second FY2026 supplemental allocation, and the foreign workers named in those petitions.
What to do
Employers should check the USCIS page on the FY2026 temporary increase in H-2B visas for current cap status and consider other available allocations or visa categories if the cap has been reached.
Full text
The complete official text was archived on this site on 2026-10-13. It stays available here even if the source link changes or is removed.
Release Date
04/29/2026
U.S. Citizenship and Immigration Services received enough petitions to reach the cap for the additional 27,736 H-2B visas made available for the second allocation of returning workers for fiscal year 2026 with start dates from April 1 to April 30, 2026, under the H-2B supplemental cap temporary final rule (fiscal year 2026 TFR). April 21, 2026 was the final receipt date for petitions requesting supplemental H-2B visas under the second allocation of returning worker H-2B visas for fiscal year 2026. These additional H-2B visas will support American businesses with seasonal or temporary workforce needs, including those in critical sectors of the U.S. economy.
On Jan. 30, 2026, the Department of Homeland Security (DHS) and the Department of Labor jointly announced the fiscal year 2026 TFR increasing the cap on H-2B nonimmigrant visas by up to 64,716 additional visas. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested in their petition, as attested by the employer on a new attestation form.
Additional information on the fiscal year 2026 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2026 page.
DHS is committed to ensuring American workers are protected. Anyone (including U.S. workers and H-2B workers) can send us tips, information on alleged violations, and other relevant information about potential fraud or abuse using our online tip form.
04/29/2026
Original title: Cap Reached for Second Allocation of Returning Worker H-2B Visas for Fiscal Year 2026
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This summary was produced with AI from the official announcement. Only the official source is authoritative.