USCIS Reaches H-2B Cap for Second Half of FY 2026, Supplemental Visas Now Available

USCIS has announced that it has reached the statutory cap for H-2B nonimmigrant visas for the second half of fiscal year 2026. This means USCIS will reject new H-2B petitions for workers with start dates in the second half of FY 2026 unless they qualify for an exemption or supplemental allocation. To address demand beyond the cap, supplemental H-2B visa allocations have been made available. Employers seeking to use these supplemental visas must adhere to specific filing dates that have now been released by USCIS. These supplemental allocations are intended to assist industries with demonstrated need for temporary nonimmigrant workers. While H-2B visas are for temporary unskilled workers rather than employment-based permanent residence, this development is tangentially relevant to the broader immigration landscape. Employers who rely on H-2B workers may also sponsor employees for permanent residency through EB-3 unskilled worker categories. Employers with pending or planned H-2B petitions should review the newly released filing dates carefully and consult with immigration counsel to determine eligibility for supplemental visa allocations or applicable exemptions.