H-2B Update | Second Half Supplemental Cap (FY 2026)

The Bernard Firm is providing the following update regarding the H-2B program.

The second half supplemental cap is being administered on a first-come, first-served basis (no lottery). Receipt notices began arriving on April 3, indicating that filings are now being accepted and processed.

Filing Timeline Context

Petitioners were eligible to begin filing I-129 petitions under the supplemental cap on March 25, 2026. USCIS began issuing receipt notices on April 3, reflecting the initial intake and processing timeline.

Second Allocation – April 2026 Start Dates

For employers with certified start dates between April 1 and April 30, 2026, USCIS has made available 27,736 supplemental visas, along with any unused numbers from prior allocations.

• This allocation is limited to returning workers (those who held H-2B status in FY 2023–2025)
• Petitions are being accepted on a first-come, first-served basis, subject to regulatory filing timelines and availability of visa numbers

Firm Guidance

Employers with approved labor certifications and qualifying returning workers should move promptly to position their filings for visa allocation under this cap.

The Bernard Firm will continue to monitor developments closely and provide further updates as the cap progresses.