U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2026 that it has received enough petitions to reach the cap on the second allocation of returning-worker H-2B visas for fiscal year 2026. The agency stopped accepting new petitions for this allocation on April 21, 2026 — petitions received after that date will be rejected.
For employers waiting on petition decisions, this is decision-time. The remaining FY 2026 supplemental window is still open — but the rules and timeline are different. Here's what changed, what's still available, and what to do this week.
What USCIS Just Announced
The capped allocation specifically covers:
- 27,736 H-2B visas for returning workers
- Employment start dates between April 1 and April 30, 2026
- Final receipt date for petitions: April 21, 2026
This allocation is one of the carve-outs USCIS established under the FY 2026 H-2B supplemental cap temporary final rule (TFR), which DHS and the Department of Labor jointly published on January 30, 2026. The TFR added up to 64,716 supplemental H-2B visas on top of the 66,000 statutory cap.
USCIS Alert: Cap Reached for Second Allocation of Returning Worker H-2B Visas for Fiscal Year 2026 →
Where the FY 2026 Supplemental Cap Stands Now
Of the 64,716 total supplemental H-2B visas DHS made available for FY 2026, multiple sub-allocations have already been exhausted. Here's the current state of play:
| Allocation | Visas | Start Dates | Status |
|---|---|---|---|
| First-half returning workers | 20,716 | Oct 1, 2025 – Mar 31, 2026 | Closed |
| Second allocation, returning workers | 27,736 | Apr 1 – Apr 30, 2026 | Closed (April 21) |
| Late-second-half (open to all) | 18,490 | May 1 – Sep 30, 2026 | Still open as of this writing |
That leaves the 18,490-visa late-second-half allocation — which has no returning-worker requirement — as the primary remaining pool for employers with H-2B needs through the rest of FY 2026.
What "Returning Worker" Means — And Why It Mattered
For the now-capped allocation, USCIS defined a returning worker as a foreign national who was issued an H-2B visa or held H-2B status during one of the three previous fiscal years (FY 2023, FY 2024, or FY 2025). The point of the carve-out is to give employers faster access to workers they already know — workers with prior U.S. seasonal-employment experience and a documented track record of compliant return.
The remaining May 1 – September 30 allocation has no returning-worker requirement. This is the allocation employers should focus on if they're bringing in new H-2B workers for late-spring or summer roles.
What Employers Should Do This Week
- If your petition was received before April 21, 2026: Your petition is in the cap. Wait for USCIS adjudication. The cap is reached based on petitions received, not approved — so being in the cap doesn't guarantee approval, but your petition will be reviewed on the merits.
- If your petition was received after April 21, 2026: USCIS will reject it. You'll need to refile under a different allocation if any apply, or shift your timeline to FY 2027.
- If you haven't filed yet for May-onward needs: The 18,490-visa late-second-half allocation is still open. File quickly — this allocation is unrestricted by prior-year status, which means it tends to fill faster than returning-worker pools. Make sure your DOL temporary labor certification is in hand before petitioning.
- Verify the irreparable-harm attestation requirement: All FY 2026 supplemental visas — including the late-second-half pool — require a signed attestation that your business is suffering or will suffer impending irreparable harm without these workers. This is a substantive legal statement, not a checkbox. Document the harm specifically and keep records of the operational impact.
If you need help mapping current petitions against what's still available — and figuring out the cleanest path forward for the workers you actually need — that's exactly what we do. Get in touch with JTP Agency and we'll walk through your specific situation.
What This Means for Workers
If you're an H-2B worker waiting on a petition for an April 2026 start date, here's the practical breakdown:
- If your employer's petition was received by USCIS before April 21, 2026: You're in the cap. Your petition will be adjudicated. Continue working with your employer and the consulate on next steps.
- If your employer's petition arrived after April 21, 2026: The petition will be rejected. Talk to your employer about alternatives — they may be able to refile under the May 1 – September 30 allocation if your start date can shift.
- If you're a first-time H-2B applicant: The capped allocation didn't apply to you anyway (it was returning-worker only). The May 1 – September 30 window is the one to watch.
Whatever your situation: be cautious about anyone offering shortcuts around cap rules. No agency, recruiter, or attorney can get around USCIS limits — and anyone who claims they can is a scam. If you've been approached by someone promising guaranteed visas after April 21, read our guide on recognizing H-2B scams before paying anyone anything.
How We Got Here: A Compressed FY 2026 Timeline
- Jan 30, 2026: DHS and DOL jointly publish the FY 2026 supplemental cap TFR (64,716 additional visas)
- Mar 10, 2026: Statutory second-half cap (33,000 visas, Apr 1 – Sep 30 start dates) reached
- Apr 1, 2026: Filing window opens for the 27,736 second-allocation returning-worker visas
- Apr 21, 2026: Final receipt date — cap reached on petitions for this allocation
- Apr 29, 2026: USCIS officially announces the cap is reached
Three things stand out from this timeline. The gap between filing window open (April 1) and cap reach (April 21) was just three weeks — a sign of how compressed H-2B competition has become. The official announcement followed the cap-reach date by eight days, meaning some employers may have filed petitions in good faith between April 21 and April 29 not realizing they were already too late. And the May 1 window is just days away as of this writing, which gives employers very little runway to pivot if they need to refile.
The Bigger FY 2026 Picture
The H-2B program has been operating at structural over-demand for several years running. The 66,000 statutory cap was set in 1990 and hasn't moved — even as the U.S. seasonal labor market has roughly doubled. The supplemental TFRs (which DHS has issued every year since FY 2017) are the political release valve, but they're authorized year-by-year and the timing varies. Employers planning more than one season ahead need to assume cap pressure is the rule, not the exception.
For more context on the FY 2026 supplemental structure and the broader cap dynamics, see our March 2026 update on the second-half H-2B cap and the FY 2026 supplemental visa breakdown.
USCIS: Temporary Increase in H-2B Nonimmigrant Visas for FY 2026 →
Key Takeaways
- The 27,736-visa second allocation of FY 2026 returning-worker H-2B visas is closed as of April 21, 2026.
- The 18,490-visa late-second-half allocation (May 1 – Sep 30 start dates, no returning-worker restriction) is still open and is the primary remaining FY 2026 path.
- All FY 2026 supplemental visas require a signed irreparable-harm attestation.
- Petitions received after April 21 for the just-closed allocation will be rejected — refile under a different allocation or shift the timeline.
- Employers should not delay on the May-September window; it's unrestricted, which usually means it fills faster.
Read our full H-2B program guide for employers →
Need help petitioning under the May-September allocation? Talk to JTP Agency.