H-2B supplemental cap petitions. USCIS indicated that delays in receipt issuance of H-2Bs were due to a recent influx of FY2023 supplemental cap filings. Stay tuned for more information. The spouse and children of H-2B workers classified as H-4 nonimmigrants also do not count against this H-2B supplemental cap petitions. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).
— What employers need to know (eligibility, timing, and next steps)
When Congress or DHS/DOL authorizes supplemental H-2B visas, USCIS can accept additional cap-subject H-2B petitions above the annual statutory limit to meet demonstrated labor needs (for example, returning-worker allocations or a temporary increase under a DHS/DOL temporary final rule). These supplemental allocations are limited and usually come with short, non-extendable filing windows.
Short primer
- Why: TFRs or Congressional action create extra visas (recent TFRs increased FY2025 numbers and created returning-worker allocations).
- Who: Employers with temporary nonagricultural needs; many supplemental rounds prioritize returning workers.
- Timing: USCIS posts filing dates once the cap or supplemental availability is determined — file on the posted dates.
Immediate steps
- Confirm DOL certification / prevailing wage documentation is ready.
- Identify returning workers and gather proof of prior H-2B status.
- Assemble Form I-129 packet and supporting exhibits in advance so you can file immediately on the announced date.
How we help
We prepare full petition packages, run readiness checks, gather returning-worker evidence, and monitor USCIS/DOL alerts so your HR team can act immediately when supplemental windows open.