For seasonal employers and workers, October 1 can feel like a line drawn across the calendar. The temporary FY 2026 program that made additional H-2B visas available has ended, and USCIS may no longer approve petitions under that specific supplemental authority. That does not mean the H-2B program itself has disappeared, but it does change which visa numbers may be available as a new fiscal year begins.

Plain-English Explanation

Think of the H-2B program as a theater with a fixed number of regular seats. Congress sets the ordinary annual cap at 66,000 visas, generally divided between the first and second halves of the fiscal year. For FY 2026, a temporary rule opened an additional section with up to 64,716 supplemental seats for qualifying employers and workers. That extra section closed at the end of September 30, 2026. Beginning October 1, USCIS cannot approve a petition using the expired FY 2026 supplemental allocation.

The closeout applies to the temporary FY 2026 authority. It does not erase the regular H-2B program, automatically cancel every pending case, or guarantee that the government will create a similar supplemental allocation for FY 2027.

Practical Impact

Employers with seasonal needs should distinguish three separate questions: whether regular-cap visa numbers are available, whether a petition depended on the FY 2026 supplemental rule, and whether a future FY 2027 supplemental program is later authorized. A business's hiring timeline may be affected even when its underlying temporary need has not changed.

Example 1: A landscaping company expected to rely on FY 2026 supplemental visas for workers starting after October 1. Even if the company still has a genuine seasonal need, USCIS cannot approve those workers under the expired FY 2026 supplemental authority; the rules and visa availability applicable to FY 2027 must be considered.

What We Know vs. What's Still Developing

We know that the FY 2026 temporary final rule authorized up to 64,716 additional H-2B visas and limited approvals under that rule to petitions approved before October 1, 2026. We also know that the regular statutory H-2B cap operates independently and continues under its usual framework.

What remains uncertain is whether additional H-2B numbers will be authorized for FY 2027, how many might be available, which worker groups might qualify, and what filing windows or attestations would apply. Those details require new government action and should not be assumed from last year's rule.

Example 2: A hotel hears that supplemental visas were available last year and assumes the same option is open now. Until a new FY 2027 authorization and implementing rule are issued, last year's allocation cannot be treated as a continuing pool of visas.

Why Legal Strategy Still Matters

H-2B planning often involves overlapping Department of Labor and USCIS requirements, strict seasonal-need standards, recruitment obligations, employer attestations, and visa-number limits. The calendar matters, but so do the facts supporting the temporary need and the worker's immigration history. Strategy may need to consider the cap period, requested employment dates, consular processing or change-of-status questions, and possible changes in agency guidance.

Employers should also avoid treating news of a possible supplemental allocation as a guarantee. Statutory authority, agency announcements, and a final implementing rule are different stages. Individualized review can help distinguish what is confirmed from what is only anticipated.

What This Could Look Like For You

• Your requested start date may fall under the regular first-half or second-half H-2B cap.
• A petition connected to the FY 2026 supplemental rule may need review after the September 30 cutoff.
• Returning-worker eligibility from a prior rule should not be assumed for FY 2027.
• Workers abroad may face separate consular timing and admissibility considerations.

Common Misunderstanding

The end of the FY 2026 supplemental program does not mean all H-2B visas ended on October 1. The regular program continues, but the additional numbers and their special eligibility rules were fiscal-year specific. Conversely, the regular program's continuation does not mean every employer or worker qualifies; eligibility and timing remain case-specific.

Questions People Are Asking

1. Can USCIS still approve a petition under the FY 2026 supplemental rule?

No. The temporary rule states that USCIS cannot approve petitions under that authority on or after October 1, 2026.

2. Does this mean no H-2B visas are available for FY 2027?

Not necessarily. The regular statutory cap continues, while any FY 2027 supplemental allocation would require separate authorization and agency action.

3. Will FY 2027 use the same returning-worker rules?

That is not yet confirmed. Employers should wait for official FY 2027 guidance rather than assuming that the FY 2026 categories, dates, or attestations will repeat.

At SanSha Law Office, we help employers and workers understand how changing visa availability may affect immigration planning. If you are unsure how these changes affect your case, the immigration attorneys at SanSha Law Office can help you understand your options and plan for timely renewals.

Sources

• Federal Register: FY 2026 H-2B Supplemental Visa Temporary Final Rule
• USCIS: H-2B Temporary Non-Agricultural Workers

We hope this information helps you feel more confident as you navigate the immigration process. If you have any questions or need assistance with your specific case, contact us at SanSha Law Office today at 469-777-6161. Our team is here to support you every step of the way. Contact us today to get started or for a consultation — we're ready to help you move forward.

Disclaimer

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.