USCIS 2026 H-2B Returning Worker Visa Cap Reached: New Petitions No Longer Accepted
USCIS has announced the cap for the second allocation of H-2B returning worker visas for FY 2026 has been reached as of April 29, 2026, halting acceptance of new petitions in this category.
U.S. Citizenship and Immigration Services (USCIS) officially announced on April 29, 2026 that the cap for the second allocation of H-2B returning worker visas for Fiscal Year 2026 has been reached. As a result, USCIS will no longer accept new H-2B petitions under this supplemental returning worker allocation. The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. Congress periodically authorizes supplemental H-2B visa numbers beyond the statutory 66,000 annual cap, specifically reserved for returning workers — those who held H-2B status in one of the three most recent fiscal years. For employers who rely on seasonal or peak-load foreign labor, this cap exhaustion means any pending or future H-2B petitions for returning workers under this allocation will not be adjudicated. Employers are encouraged to monitor USCIS announcements for any future supplemental allocations or alternative pathways. While H-2B is a temporary work visa and distinct from the EB-3 permanent employment-based green card category, some H-2B workers do pursue EB-3 sponsorship as a long-term immigration strategy. This announcement underscores the high demand for U.S. temporary work visas in 2026 and the importance of timely filing for those seeking employment-based immigration benefits.
A federal court has ruled that USCIS adjudication hold policies are unlawful, a decision that could directly affect EB-3 processing times and pending applications in 2026.
A June 8, 2026 court decision vacated the $100,000 H1B fee requirement. DHS announced compliance with the order, allowing employers to file H1B petitions without the additional fee while future steps are considered.
DHS issued an Interim Final Rule effective July 10, 2026, strictly enforcing wet-ink signature requirements for USCIS filings. Invalid signatures—including DocuSign and typed names—may result in denial with no refund or chance to refile.