USCIS announced that it has received sufficient H-2B petitions to reach the cap for the second allocation of 27,736 returning worker H-2B visas for fiscal year 2026. This allocation covers positions with start dates between April 1 and April 30, 2026, under the H-2B supplemental cap temporary final rule.
What changed
USCIS reached the cap for the second allocation of returning worker H-2B visas for fiscal year 2026 on May 14, 2026. The agency made 27,736 additional H-2B visa numbers available under the supplemental cap temporary final rule (fiscal year 2026 TFR) for returning workers—individuals who have worked in the United States on an H-2B visa during at least one of the three preceding fiscal years. This allocation applies only to petitions for employment positions with start dates falling between April 1 and April 30, 2026.
Once the cap is reached, USCIS stops processing additional H-2B petitions for that allocation period, even if they are otherwise approvable.
Why it matters
Reaching the cap signals strong employer demand for H-2B returning workers in the spring 2026 hiring season. If your client submitted an H-2B petition for a returning worker with an April 2026 start date after the cap was reached, USCIS will not approve it under the fiscal year 2026 supplemental allocation. You may need to explore alternative visa categories (such as H-2A for temporary agricultural workers, or standard H-2B visas if available in a future allocation) or delay the employment start date to a period not covered by a capped allocation.
The cap system creates strict deadlines: petitions received after the cap is reached cannot be processed for that allocation, even if they are filed within the normal acceptance window. This underscores the importance of submitting H-2B petitions as early as possible when you anticipate needing the visa.
Way forward
- Check the status of pending petitions. If you have an H-2B petition pending for an April 2026 start date, verify its receipt date and current status at USCIS Case Status Online.
- Explore alternative visa options. Discuss with your client whether positions can be filled under a different visa classification (H-2A, EB-3, or other nonimmigrant categories) or whether the employment start date can be moved to a future period.
- Monitor future allocations. If USCIS announces additional H-2B allocations for later in fiscal year 2026, prepare and file petitions immediately, since demand may be high.
- Consult a licensed immigration attorney. Cap-reached situations require prompt legal analysis to identify the best path forward for your client’s workforce needs.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Folaform is a software company, not a law firm. Immigration law is complex and fact-specific; policies can change without notice. Always verify the information in this article against the official USCIS announcement and consult a licensed immigration attorney before making decisions about your case.