If your business relies on seasonal or temporary workers through the H2B program, this is the moment to check where your case stands. The regular cap for this fiscal year is already full, and the window that remains open has its own deadline.
What Changed
USCIS reached the statutory H2B cap for the second half of fiscal year 2026 in March, closing new cap subject filings for start dates between April 1 and September 30, 2026.
In response to continued demand, the Department of Homeland Security authorized a supplemental allocation of up to 64,716 additional H2B visas for this fiscal year, released in three separate allocations tied to different start date windows. The third and final allocation, open to both new and returning workers, covers start dates between May 1 and September 30, 2026, and remains open for a limited time.
Who This Affects
- Employers who missed the regular cap and still need seasonal workers this year
- Businesses with a certified labor need already on file who have not yet secured all their workers
- Employers who can show that their business is suffering, or will suffer, serious and lasting financial harm without these workers, since that is a condition for the supplemental allocation
- Employers already planning for the next hiring season, since the filing timeline for start dates of October 2, 2026 and later is different from what applied earlier this summer
What It Means in Practice
- Employers seeking workers under the supplemental allocation must file before September 15, 2026. After that date, this year’s supplemental numbers are no longer available.
- Supplemental visas require the employer to attest to irreparable harm, meaning permanent and severe financial loss without the requested workers. This is a real eligibility requirement, not a formality.
- The narrow three day window that applied specifically to October 1, 2026 start dates closed on July 5, 2026. Employers now seeking a start date of October 2, 2026 or later must file under the standard rule, no more than 90 and no less than 75 calendar days before the date of need.
- Missing both the supplemental deadline and the standard filing window for next season can mean going into peak season without the workers your business planned for.
FAQ
Q: Is it too late to get H2B workers for this year? A: Not necessarily. The supplemental allocation is still available, but only until September 15, 2026, and only for employers who can show irreparable harm and meet the other eligibility requirements. An attorney can confirm whether your specific case qualifies.
Q: What if I need workers starting in October or later this year? A: The special three day window for an exact October 1, 2026 start date has already closed. For October 2, 2026 or later, the standard filing rule applies, and timing your application correctly still matters.
Q: Does every employer qualify for the supplemental visas? A: No. Eligibility depends on factors including your labor certification status, whether you are seeking returning or new workers, and your ability to demonstrate irreparable harm. This is worth reviewing with an attorney before filing.
What to Do Now
- Confirm whether your current labor certification is still valid and whether you have unfilled positions.
- If you missed the regular cap, talk with an immigration attorney about your eligibility for the supplemental allocation before September 15.
- If you need workers for October 2 or later, begin the certification process now, timed correctly under the standard filing rule.
How Ponce Law Office Can Help
H2B timing depends on cap status, labor certification, and each employer’s specific hiring calendar. We help employers understand exactly where they stand and what window still applies to their case, so seasonal staffing does not become a last minute scramble.
If your business depends on seasonal workers and you are not sure which filing window applies to you, contact Ponce Law Office today. We will help you understand your options and move forward with clarity and care.
Disclaimer: This blog post is intended for general information purposes only and does not constitute legal advice. Immigration law changes frequently, and outcomes depend on individual circumstances. You should not act or rely on any information in this post without seeking the advice of a competent, licensed immigration attorney.
Sources: U.S. Citizenship and Immigration Services, Temporary Increase in H2B Nonimmigrant Visas for FY 2026 (uscis.gov). U.S. Department of Labor, Office of Foreign Labor Certification announcements (dol.gov). Federal Register, Exercise of Time Limited Authority to Increase the Fiscal Year 2026 Numerical Limitation for the H2B Temporary Nonagricultural Worker Program.