H-2B Supplemental Cap Lottery Results FY 2026: What Employers Need to Know

64,716 Additional H-2B Visas Released — First Allocation Lottery Results Are In

The FY 2026 H-2B supplemental cap lottery results are here. On February 13, 2026, USCIS conducted a random selection for the first allocation of returning worker visas after receiving more petitions than available slots within just five business days.

If you're an employer who petitioned for supplemental H-2B visas — or planning to petition under the upcoming allocations — here's everything you need to know.

The Big Picture

The Department of Homeland Security (DHS) and Department of Labor (DOL) have officially released 64,716 supplemental H-2B visas for fiscal year 2026. The standard H-2B cap of 66,000 visas per year continues to fall far short of employer demand, with caps reached within days — sometimes hours — of opening.

Here's the breakdown:

Total supplemental visas: 64,716
Returning worker visas: 46,226 (must have held H-2B status in FY 2023, 2024, or 2025)
Open visas (no returning worker requirement): 18,490 (for May–September 2026 start dates only)

First Allocation Lottery Results

The first supplemental allocation for FY 2026 has already been exhausted. Here's what happened:

Cap reached: February 6, 2026
Lottery conducted: February 13, 2026
Petitions in lottery: All petitions received February 2–6, 2026
Selection method: Computer-generated random selection

USCIS received more petitions than the 18,490 visas available, triggering the lottery. If your petition was not selected, USCIS will reject and return it along with your filing fees.

Premium processing services resumed after the February 13 lottery was completed.

The Three Allocations

The supplemental visas are divided into three allocations based on employment start dates:

First Allocation — LOTTERY COMPLETE

Visas: 18,490
Start dates: January 1 – March 31, 2026
Requirement: Returning workers only
Status: Cap reached February 6, 2026. Lottery conducted February 13, 2026.

Second Allocation — Coming Soon

Visas: 27,736 (plus any unused from first allocation)
Start dates: April 1 – April 30, 2026
Requirement: Returning workers only
Filing window: Opens 15 days after the second-half statutory cap is reached; closes 44 days after

Third Allocation — Late Season

Visas: 18,490 (plus any unused from first and second allocations)
Start dates: May 1 – September 30, 2026
Requirement: No returning worker requirement — open to all qualified H-2B workers
Filing window: Opens 45 days after the second-half statutory cap is reached; final deadline is September 15, 2026

Who Qualifies?

To petition for supplemental H-2B visas, employers must:

Meet all standard H-2B requirements — including obtaining an approved Temporary Labor Certification (TLC) from DOL
Attest to irreparable harm — employers must demonstrate they are suffering (or will suffer) permanent and severe financial loss without the requested H-2B workers
Submit the correct attestation form — Form ETA 9142-B-CAA-10 (the FY 2026 version). Previous years' forms will be rejected.
File at the correct USCIS lockbox — with the attention line "Attn: FY2026 H-2B Supplemental Cap"

For the first and second allocations, workers must be returning workers who held H-2B status in fiscal years 2023, 2024, or 2025.

Important Deadlines

First Allocation (Returning Workers)

Employment start dates: Jan 1 – Mar 31, 2026
Filing opened: Jan 30, 2026
Status: CLOSED — Lottery completed Feb 13, 2026

Second Allocation (Returning Workers)

Employment start dates: Apr 1 – Apr 30, 2026
Filing opens: 15 days after the second-half statutory cap is reached
Filing closes: 44 days after the second-half statutory cap is reached

Third Allocation (All Workers)

Employment start dates: May 1 – Sept 30, 2026
Filing opens: 45 days after the second-half statutory cap is reached
Filing closes: Sept 15, 2026

What "Irreparable Harm" Means

This isn't just a checkbox. Employers must genuinely demonstrate that their business faces permanent and severe financial loss without H-2B workers. You'll need to:

Retain detailed written documentation describing the harm
Keep records proving each worker qualifies as a returning worker (for 1st and 2nd allocations)
Be prepared for potential audits by DHS or DOL
Retain all evidence for 3 years

Both agencies conduct post-adjudication compliance reviews — this attestation carries real consequences.

Key Reminders

Employment start date must match your TLC — even if that date has passed
No change of status — if a worker is already in the U.S. and you request a change of status, USCIS will deny that request (though they'll still adjudicate the petition itself)
Check consular processing times — approved petitions still require visa issuance at a U.S. consulate. Review State Department wait times to ensure workers can get their visas in time.
All pending petitions denied after September 30, 2026 — USCIS will not refund fees for petitions not approved before the fiscal year ends

Why This Matters

The H-2B program serves industries that keep America running — landscaping, hospitality, seafood processing, construction, and more. The regular cap of 66,000 visas hasn't been updated in decades, despite exponential growth in demand.

These supplemental visas provide crucial relief, but they're still not enough. The first allocation lottery proves the point — more petitions than visas within five business days.

If you're planning to petition under the second or third allocation, prepare your documentation now. The window will be narrow.

Official Government Resources

For complete, up-to-date information, refer to these official sources:

Need Help?

For detailed legal questions about H-2B petitions, eligibility requirements, or compliance matters, we recommend consulting with a qualified immigration attorney or paralegal.

If you're an employer looking for excellent, vetted H-2B returning workers who qualify under the current rules — that's where we come in. The JTP Agency specializes in connecting U.S. businesses with reliable seasonal workers who are ready to hit the ground running.

Contact us to discuss your workforce needs.

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