ImmigrationClockFacts first

Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program

Final ruleStated effective date Jan 30, 2026Changes requirements

The stated effective date has passed. A later rule, court order or withdrawal can change whether it still applies; check the source and any later records.

What the document says

The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year.

Who the document names

Countries

El Salvador

Where the document says this
  • El Salvador: “The remaining 20,000 visas were available for the entirety of FY 2025, and were set aside for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, who were exempt from the returning worker requirement.”

Visa categories

H-2B temporary non-agricultural

Where the document says this
  • H-2B temporary non-agricultural: “(1) 18,490 immediately available visas limited to returning workers, that is, aliens who were issued an H-2B visa or otherwise granted H-2B status in FY 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between January 1, 2026 through March 31, 2026.”

A requirement the document states

“Employers must file these petitions no later than 14 days after the second half of the statutory cap is reached;”

This list may be incomplete; the document may name others. Whether it applies to a particular person depends on facts this record does not have.

Follow and explore

From the countries and visa categories the document names.

DeadlinePublished Feb 13, 2026

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

U.S. Citizenship and Immigration Services received enough petitions to reach the cap for the additional 18,490 H-2B visas made available for the first allocation of returning workers of fiscal year 2026 with start dates from Jan. 1 to March 31, 2026, under the H-2B supplemental cap temporary final rule (FY 2026 TFR).

USCIS newsroom ↗Changes requirements
DeadlinePublished Sep 16, 2025

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2026

U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year 2026. Sept. 12 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2026.

USCIS newsroom ↗Changes requirements

Want changes like this in one place? Follow the visas, countries and agencies it names.

Immigration Pulse: the 5 biggest changes each week.
Subscribe

About this record

Published
Feb 3, 2026
Source
Federal Register, checked Aug 2, 2026
Review
Classified automatically; not reviewed by a person

Built from the linked government document by published rules, not by a language model. Information about a published document, not legal advice about anyone’s case. Methodology · Permalink