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Immigration News Alert

Cap Reached for First Allocation of Returning‑Worker H‑2B Visas for FY 2026

Key Point  

  • USCIS has announced that the first supplemental allocation of H‑2B visas for returning workers in FY 2026 has reached its cap. 

H-2B Visa Cap for FY 2026 

U.S. Citizenship and Immigration Services (USCIS) confirmed that the first tranche of supplemental H‑2B visas for returning workers—made available under the FY 2026 time‑limited authority—has now been fully allocated. This initial release was part of the up to 64,716 supplemental H‑2B visas authorized for FY 2026 by the Department of Homeland Security (DHS) and the Department of Labor (DOL).  

U.S. employers must attest that they will face irreparable harm without additional H‑2B workers to qualify for supplemental visas. Once an allocation reaches its cap, USCIS rejects any petitions received after the cutoff date.

Additonal Context

On January 30, 2026, DHS and DOL issued a temporary final rule authorizing up to 64,716 supplemental H‑2B visas for FY 2026, distributed across multiple allocations for returning workers and specific timeframes.  

USCIS will continue to announce when additional allocations open or close. 

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Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm. 

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