The U.S. government will temporarily increase the number of H-2B nonimmigrant visas available for fiscal year 2026, adding up to 64,716 supplemental visas to help U.S. employers facing severe labor shortages.
The expansion was announced Jan. 30 through a joint temporary final rule issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL). The additional visas are intended for U.S. businesses that can demonstrate they are suffering, or will imminently suffer, irreparable harm without the ability to employ the H-2B workers requested in their petitions.
Under the rule, employers must attest to permanent and severe financial loss on a newly required attestation form to qualify for the supplemental visas.
Who Qualifies for the Additional Visas
Only U.S. employers experiencing irreparable harm if they cannot hire the requested H-2B workers may petition under the temporary increase. The rule does not apply to H-2B petitions that are already exempt from the cap, including extension-of-stay requests or petitions filed on behalf of certain fish roe processors, which remain subject to standard program rules.
Of the 64,716 additional visas, 46,226 are reserved exclusively for returning workers—those who held H-2B status or were issued an H-2B visa during one of the previous three fiscal years (2023, 2024, or 2025). The remaining 18,490 visas are not limited to returning workers and are designated for employers with late-season labor needs.
Visa Allocations and Filing Windows
To accommodate varying employment start dates, the supplemental visas will be released in three separate allocations:
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First allocation (Jan. 1–March 31, 2026):
18,490 visas limited to returning workers. Petitions must be filed no later than 14 days after the second half of the statutory H-2B cap is reached. -
Second allocation (April 1–April 30, 2026):
27,736 visas, plus any unused visas from the first allocation, also limited to returning workers. Petitions may be filed between 15 and 44 days after the second half statutory cap is reached. -
Third allocation (May 1–Sept. 30, 2026):
18,490 visas, plus any unused visas from the first two allocations. These visas are not restricted to returning workers. Employers may file petitions beginning 45 days after the second half statutory cap is reached and no later than Sept. 15, 2026.
USCIS will stop accepting petitions under the temporary rule once the applicable cap is reached, the allocation filing window closes, or after Sept. 15, 2026—whichever comes first. Any pending petitions not approved by Oct. 1, 2026, will be denied without fee refunds.
Statutory Authority and Limits
The temporary increase is authorized under Section 101 of the Continuing Appropriations Act, 2026 (Public Law 119-37), which extended authority previously granted in earlier appropriations legislation. DHS said the decision followed consultation with the Department of Labor and considered business needs, impacts on U.S. workers, and the integrity of the H-2B program.
The expanded cap applies only to fiscal year 2026 and does not extend to future years.
Petitions requesting employment start dates after Sept. 30, 2026, will be counted toward the first half of the fiscal year 2027 H-2B cap, subject to standard eligibility requirements.
