Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
U.S. Citizenship and Immigration Services (USCIS) has reached the cap for the first allocation of supplemental H‑2B visas for returning workers under the Fiscal Year (FY) 2026 Temporary Final Rule (TFR). This allocation included 18,490 visas for employment start dates between January 1 and March 31, 2026, with the final receipt date for petitions on February 6, 2026. Because demand exceeded availability, USCIS conducted a computer-generated random selection on February 13, 2026, to fairly allocate visas among eligible petitions. Premium processing services for selected petitions have since begun. This allocation was limited to returning H‑2B workers—those previously granted H‑2B status or issued an H‑2B visa in FY 2023, FY 2024, or FY 2025.
The FY 2026 supplemental H‑2B program allows for up to 64,716 additional visas beyond the statutory cap, distributed in three allocations. The first allocation of 18,490 visas is now filled. The second allocation (27,736 visas plus any unused from the first) will cover returning workers with start dates April 1–April 30, 2026, and the third allocation (18,490 visas plus any remaining) will be open to all qualifying employers for start dates May 1–September 30, 2026. Employers must demonstrate that their business will suffer “irreparable harm” without these workers and filing windows for each allocation are strict. Petitions filed after February 6 for the first allocation will not be considered, so employers should prepare for the next allocations accordingly.
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Cap Reached for First Allocation of Returning Worker H-2B Visas FY 2026 | USCIS