USCIS Closes First Filing Window for Returning H-2B Workers
On February 13, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-2B visa petitions to reach the first allocation of the FY 2026 H-2B cap.
This announcement applies specifically to returning H-2B workers under the current filing window. Employers seeking to petition for a former employee must now wait until the next designated filing period to submit Form I-129.
| đź“– The H-2B is a nonimmigrant visa that allows seasonal talent to enter the U.S. for a short period of time. Most of its holders work in hospitality, landscaping, and tourism. |
How the H-2B seasonal cap works
Each fiscal year, Congress reserves 66,000 H-2B worker visas. Within this annual limit, 33,000 are designated for individuals with start dates set at the beginning of the fiscal year (October 1 through March 31).
Often, the Department of Homeland Security (DHS) will issue a rule to temporarily increase the annual H-2B visa allocation limit, allowing U.S. employers to file H-2B petitions for previously hired staff. The agency did so again earlier this month.
The filing windows are as follows:
- January 1 through March 31, 2026: 18,490 visas reserved for returning workers.
- April 1 through April 30: 27,736 visas reserved for returning workers.
- May 1 through September 30: 18,490 visas open to both initial and returning workers, plus the remaining unused amount.
USCIS has already received enough petitions to fill the first half of the statutory H-2B cap for fiscal year 2026. As a result, employers can only currently file cap-subject petitions for workers with start dates between April 1 and September 30.
Next steps for employers onboarding returning H-2B talent
Manifest immigration attorney Obi Monye advises that employers who missed the first H-2B allocation should promptly consult with an experienced lawyer to assess worker eligibility and prepare H-2B petitions in advance of upcoming filing windows, as supplemental caps fill quickly.
“Because the H-2B program involves strict deadlines and complex compliance requirements, strategic planning with an experienced immigration attorney is recommended to improve the likelihood of a successful result,” she says.
