Kamal Ghorui
The US Citizenship and Immigration Services has confirmed that the statutory limit for H-2B work visas has been reached for the second half of the fiscal year 2026. The programme allows US employers to recruit foreign nationals for temporary, non-agricultural roles when domestic labour supply is insufficient.The cap affects sectors such as hospitality and landscaping, which depend on seasonal labour during peak periods. The development comes as labour shortages continue to affect multiple industries, with agricultural employers reporting disruption linked to reduced availability of migrant workers.Supplemental visas announced to address labour shortagesThe agency has outlined additional visa allocations to support employers. A total of 27,736 supplemental visas are available for roles beginning between April 1 and April 30, while 18,490 visas are designated for positions starting between May 1 and September 30. These allocations are subject to eligibility conditions and must be filed within specified windows.Under existing rules, Congress sets an annual cap of 66,000 H-2B visas, split evenly across two halves of the fiscal year. Once the limit is reached, no further cap-subject petitions are accepted. USCIS stated that March 10, 2026, was the final date for submitting petitions tied to employment starting between April 1 and September 30. The agency noted that any applications received after this deadline would be rejected, as quoted by Newsweek.Policy adjustments expand visa availabilityEarlier in the year, the administration confirmed an expansion of the H-2B programme, allowing up to 64,716 additional visas for fiscal year 2026. The measure, introduced in coordination with the Department of Homeland Security and the Department of Labor, aims to address ongoing workforce shortages in seasonal industries.Since fiscal year 2017, federal agencies have been authorised to release supplemental visas beyond the statutory cap when labour demand exceeds supply. Business groups have consistently called for full utilisation of this discretionary allocation to sustain operations in sectors reliant on temporary foreign workers.Industry response highlights operational uncertaintyImmigration attorney Meagan Kirchner highlighted concerns over delays in communication following the cap being reached. She said the 10-day gap between the cap closure and official confirmation created uncertainty for employers and legal practitioners, in remarks shared with Newsweek. Kirchner added that businesses continued planning seasonal operations despite the lack of clarity.USCIS reiterated that it would reject all late submissions tied to the capped period, reinforcing the importance of adherence to filing timelines.Next phase focuses on returning workersThe agency is preparing to open applications for a returning worker allocation covering April start dates. Filings will begin on March 25, 2026, for 27,736 visas reserved for individuals who have previously held H-2B status within the past three fiscal years.This allocation excludes new applicants and is intended to streamline hiring for employers seeking experienced seasonal workers.
