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The new visa allocation for FY 2026 which provides 64716 visas. The Department of Homeland Security (DHS) and Department of Labor (DOL) have structured this release into specific allocations, with the most pressing deadline looming for the “Second Allocation.” The tranche which begins on April 1 and ends on April 30 2026 provides 27736 visas which only returning workers can use. The second half of the fiscal year has already reached its statutory cap so the competition begins. Your H-2B Supplemental Visas petition needs preparation right now because March will bring the filing window closure which will leave your business without enough workers during peak time.
Navigating the Returning Worker Exemption
The Second Allocation process will apply a strict Returning Worker Exemption which will define its core operation. This batch permits access to workers who were issued H-2B visas and maintained H-2B status during the fiscal years 2023, 2024, and 2025. Employers must conduct thorough verification to confirm this employment record. A single error in documenting a worker’s past status can lead to rejection. You must show evidence that your business will face permanent damage because you cannot operate without these specific employees. The standard has become more challenging because of USCIS audits which now examine this requirement more thoroughly than before.
USCIS Filing Windows and Deadlines
The procedure for USCIS filing needs precise timing because it determines success. The April 1 to April 30 allocation allows petitions to be submitted between 15 days after the second half statutory cap reaches its limit and 45 days after that point. The essential time for submitting documents occurs between the end of February and the beginning of March according to standard processing times. The “March 2026 Cap Hit” refers to the rapid exhaustion of these supplemental numbers. Employers need to prepare their Temporary Labor Certifications and their legal teams for immediate filing when the application window opens to prevent losing their chance to apply.
