Carnival & Fair Buzz

After almost a month of anticipation, the Department of Homeland Security announced this afternoon that it will release the maximum number of supplemental H-2B visas allowed by law. This announcement comes almost one month after the administration initially announced the release of 35,000 visas. With the new announcement, the administration will release the full 64,716 visas that it is authorized to issue by Congress.

The visas will be allocated in three separate releases as follows:

• 18,490 visas for returning workers (those who held a visa in one of the last three years) for employers with a start date between January 1, 2026, and March 31, 2026
• 27,736 visas for returning workers with a start date between April 1, 2026, and April 30, 2026
• 18,496 visas for new or returning workers with a start date between May 1, 2026, and September 30, 2026

According to the Seasonal Employment Alliance, it is expected that petitioners will be able to begin filing on Monday; however, this is dependent on the publication of the attestation form. There will be a five-day application window, with either Thursday, February 5, or Friday, February 6, serving as the fifth day, depending on whether Saturday is counted as the first day. If the number of beneficiaries requested exceeds the 18,496 visas allocated, a lottery will be held.

A lottery may also be necessary for the first half of the returning worker allocation, as demand is expected to be close to the 18,490 visas released. More than 56,000 petitions have been certified for January through March start dates, but applicants who received Group A or B designations from the April cap and subsequently withdrew their applications are not reflected in current processing data. It is estimated that this could total more than 10,000 positions.

Much credit should be given to Congressman Andy Harris and other supporters of the H-2B program, who fought every step of the way for cap relief for H-2B employers.

More updates will be provided as they become available.