H-2B visa seekers are gearing up for the new year.
The Office of Foreign Labor Certification (OFLC) has reminded U.S. employers and applicants that the filing window for H-2B Temporary Employment Certification will open on January 1, 2026, at 12:00 a.m. Eastern Time
This filing is for jobs with work start dates of April 1, 2026, or later.
The H-2B program allows U.S. companies to hire foreign nationals for temporary, non-agricultural jobs.
Workers can stay in the U.S. for up to three years.
After three years, they must leave the country for at least three months before reapplying.
Rules for H-2B Filing
Applications filed before January 1, 2026 for an April 1 start date will be automatically denied.
Applications submitted between January 1-3, 2026 will be processed randomly, as per OFLC’s rules.
If an employer submits multiple applications for the same job, OFLC may issue a Notice of Deficiency.
Employers must prove each job is separate; otherwise, applications may be denied.
FLAG system accounts are individual-specific.
Sharing accounts is prohibited and may lead to account termination.
H-2B Visa Annual Cap
The H-2B visa has a yearly cap of 66,000 visas under the Immigration and Nationality Act (INA).
First half of the fiscal year (Oct 1 – Mar 31): 33,000 visas
Second half (Apr 1 – Sep 30): 33,000 visas
All slots for the first half of FY 2026 were filled in September 2025.
The next filing opportunity is for the second half, starting April 1, 2026.
