USCIS Updates: H-2B Returning Worker Allocation Reached for FY 2026

With the second H-2B returning worker allocation for FY 2026 now reached, the focus is already on Fall 2026 filings (1st half of FY 2027)

On April 29, 2026, U.S. Citizenship and Immigration Services confirmed that it had received enough petitions to meet the cap for the additional 27,736 returning worker visas covering April start dates.

This result is consistent with prior cycles. Even with the supplemental cap increase issued earlier this year by DHS and the U.S. Department of Labor, demand continues to exceed the number of available visas.

For employers, this has practical implications.

The H-2B process is sequential and timing-driven. By the time visa numbers are reached, it is often too late to meaningfully adjust strategy for that season.

That is why planning for the next cycle — Fall 2026 (October 1, 2026 start dates) — is already underway. Importantly, workers approved for this cycle under a new I-94 are considered cap-exempt for the Spring 2027 (April 1, 2027 start dates).

At this stage, employers should be:

• Identifying anticipated workforce needs early • Confirming worksites and job classifications • Preparing for timely submission of prevailing wage requests and labor certifications

For those with May 1, 2026 start dates, cases are still progressing through the labor certification stage. Attention to detail remains critical, as delays at this point can impact the entire timeline moving forward.

For those who were not able to secure visas under this allocation, the takeaway is not necessarily a lack of preparation. The reality is that visa demand continues to outpace supply across multiple allocations.

The most effective approach in this environment is early, structured planning.

We are currently working with employers to prepare for H-2B: First Half of FY 2027 filings. If you are evaluating your workforce needs for the upcoming cycle, now is the appropriate time to begin that process.