US Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to reach the cap for the second allocation of returning worker H‑2B visas for fiscal year (FY) 2026.
This allocation made 27,736 additional H‑2B visas available to qualifying employers seeking workers with employment start dates from April 1 through April 30, 2026, under the FY 2026 H‑2B Supplemental Cap Temporary Final Rule (TFR).
USCIS confirmed that April 21, 2026 was the final receipt date for petitions requesting visas under this second returning worker allocation. Petitions received after that date are not eligible for consideration under this portion of the supplemental cap.
Purpose of the Supplemental H‑2B Visas
The additional H‑2B visas are intended to help U.S. employers meet seasonal or temporary labor needs, particularly in industries considered critical to the U.S. economy, where workforce shortages could otherwise cause operational disruptions.
The supplemental visas are available only to employers that attest they are suffering, or will suffer, irreparable harm without the ability to employ the requested H‑2B workers. Employers must complete a new attestation form confirming this harm as part of the filing process.
Background on the FY 2026 H‑2B Temporary Final Rule
On January 30, 2026, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly announced the FY 2026 H‑2B Temporary Final Rule, which increased the annual H‑2B cap by up to 64,716 supplemental visas.
The second allocation of returning worker visas represents one portion of that overall increase. Additional information about the FY 2026 supplemental H‑2B visas remains available on USCIS’s Temporary Increase in H‑2B Nonimmigrant Visas for FY 2026 webpage.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.