H-2B Cap Reached as 27,736 Visas for Foreign Workers Are Fully Subscribed

US Citizenship and Immigration Services (USCIS) has announced that the second allocation of supplemental H-2B visas for fiscal year 2026 has been fully subscribed.  

The allocation covered employment start dates from 1 to 30 April, with petitions accepted until 21 April. The H-2B programme allows US employers to hire foreign nationals for temporary, non-agricultural work. It is commonly used in sectors with seasonal labour needs, including hospitality, landscaping, and construction. 

Under current law, Congress sets an annual cap of 66,000 visas, split equally between the first and second halves of the fiscal year. The Department of Homeland Security (DHS) may release additional visas if labour shortages risk causing serious disruption to businesses.

In January 2026, DHS and the Department of Labor issued a temporary rule permitting up to 64,716 additional H-2B visas for the year. These extra visas are available only to employers who confirm that they would face significant harm without the requested workers. The now-filled second allocation forms part of this expanded quota.

The next phase, covering employment start dates from 1 May to 30 September 2026, will provide 18,490 visas, along with any unused numbers from earlier allocations. Employers can submit petitions between 24 April and 15 September. The filing period opened 45 days after the statutory cap for the second half of the fiscal year was reached.

The H-2B programme remains an important tool for addressing seasonal labour shortages in the United States. It allows foreign workers to stay for up to three years, with a required three-month period outside the country before they can reapply.