H-2B visa cap reaches 2026: What it means for seasonal jobs and US employers


H-2B visa cap reaches 2026: What it means for seasonal jobs and US employers
USCIS closes H-2B visa applications for 2026 amid seasonal worker shortage

US Citizenship and Immigration Services has confirmed that the statutory cap for H-2B work visas for the second half of fiscal year 2026 has been reached. The program allows U.S. employers to hire foreign nationals for temporary, non-agricultural roles when the domestic labor supply is insufficient.The cap affects sectors such as hospitality and landscaping, which depend on seasonal labor during peak periods. The development comes as labor shortages continue to affect a number of industries, with agricultural employers reporting disruption linked to the low availability of migrant workers.Supplemental visas announced to meet labor shortageThe agency has outlined additional visa allocations to help employers. A total of 27,736 supplementary visas are available for roles starting between 1 April and 30 April, while 18,490 visas are allocated for roles starting between 1 May and 30 September.Under current rules, Congress sets an annual cap of 66,000 H-2B visas, split evenly between the two halves of the fiscal year. Once the limit is reached, no more cap topic requests are accepted. USCIS said March 10, 2026, was the deadline to submit applications related to employment starting between April 1 and September 30. The agency noted that any applications received after that deadline will be rejected, as cited by Newsweek.Policy adjustments increase visa availability.Earlier in the year, the administration confirmed an expansion of the H-2B program, authorizing 64,716 additional visas for fiscal year 2026. Introduced in collaboration with the Department of Homeland Security and the Department of Labor, the initiative aims to address ongoing workforce shortages in seasonal industries.Beginning in fiscal year 2017, federal agencies are authorized to issue supplemental visas in excess of the regulatory limit when labor demand exceeds supply. Business groups have consistently called for the full use of this discretionary allocation to maintain employment in sectors dependent on temporary foreign workers.Industrial response highlights operational uncertainty.Immigration attorney Megan Kirchner highlighted concerns over delays in communication after reaching the Cape. In remarks shared with Newsweek, he said the 10-day gap between the closure of the cap and official confirmation created uncertainty for employers and legal experts. Kirchner added that businesses continued to plan seasonal operations despite the lack of clarity.USCIS reiterated that it will reject all late submissions tied to the deadline, reinforcing the importance of adhering to filing timelines.The next phase will focus on the return of workers.The agency is preparing to open applications for returning worker allocations covering the start dates of April. Filings will begin March 25, 2026, for 27,736 visas reserved for individuals who first held H-2B status in the previous three fiscal years.This allocation excludes new applicants and is intended to streamline recruitment for employers seeking experienced seasonal workers.



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