USCISILW · 3 min read

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.

· Source: ILW
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. Workers currently in H-2B status who are exploring permanent residency options should consult with an immigration attorney about transitioning to an EB-3 pathway before their temporary status lapses. 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.

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