H-2B visa filing window opens Jan 1 for jobs starting April 2026: Details

US employers can begin filing H-2B visa applications from January 1 for temporary, non-agricultural jobs starting April 1, 2026, with early filings to be rejected

The US Office of Foreign Labor Certification (OFLC) has reminded employers that they can begin filing H-2B visa applications from January 1, 2026. These applications are for temporary jobs scheduled to start on April 1, 2026, or later. Any applications submitted before this date will not be accepted.

What is the H-2B visa?

The H-2B visa allows US employers to hire foreign workers for temporary, non-agricultural jobs. These roles are typically seasonal or short-term and are commonly used in sectors such as hospitality, landscaping and construction.

 

Under the H-2B programme, a worker can remain in the US for a maximum of three years. After completing this period, the worker must leave the country and stay outside the US for at least three months before applying again.

 

How does the H-2B selection process work?

For applications with a work start date of April 1, 2026, OFLC will use a random selection process to determine the order in which applications are reviewed. This applies to all applications filed during the first three days of the filing window, from January 1 to January 3, 2026.

 

The randomised system is designed to ensure fairness when a large number of applications are submitted at the same time.

When can an H-2B application be rejected?

An H-2B application will be rejected if it is filed before January 1, 2026. Applications may also be denied if OFLC determines that an employer has submitted multiple applications for the same job.

 

In such cases, employers may be asked to demonstrate that each application corresponds to a genuine and distinct job opportunity. Failure to do so could result in all related applications being rejected.

What is the H-2B visa cap?

US law caps the number of H-2B visas at 66,000 per financial year. Of these, 33,000 visas are allocated for jobs starting between October 1 and March 31, while the remaining 33,000 are reserved for jobs beginning between April 1 and September 30.

 

In September 2025, all H-2B visa slots allocated for the first half of the 2026 financial year were filled. US immigration authorities said applications had already reached the statutory limit for that period.