Businesses or Family Households in Need of H-2B Temporary Worker(s)

Guidance on the October H-2B Filing Season 2026 for Workers

Key Deadlines & H-2B Visa Worker(s) Guide for October 1, 2026, Start Dates

Important Take Aways: Employers seeking H-2B workers for an October 1, 2026 start date should begin planning now. The H-2B labor certification filing period opens July 3, 2026, and filings made during the first three calendar days are subject to DOL’s randomization process for that semiannual cap cycle. Employers should also move early on the prevailing wage step, because DOL instructs filers to request the prevailing wage at least 60 calendar days before it is needed.

Key point: For an October 1, 2026 date of need, employers should aim to request the prevailing wage by about May 4, 2026 or earlier.

What are the H-2B filing deadlines for an October 1, 2026 start date?

To stay competitive for the October 1 H-2B cap cycle, employers should track these dates carefully:

Important Dates

  • By May 1, 2026: Schedule a strategy consultation and begin case preparation.
  • By about May 4, 2026 or earlier: Submit the Prevailing Wage Request.
  • July 3–5, 2026: Initial H-2B filing window for the October 1, 2026 start date.

Missing these dates can mean losing access to seasonal workers for that part of the fiscal year.

Can J-1, F-1, OPT, G-4, Au Pair or B-1/B-2 visa holders transition to H-2B?

In some cases, yes. A change of status to H-2B may be available for individuals who were lawfully admitted and have maintained status, but these cases require individualized screening.

Change of Status Considerations

  • J-1 holders: Must be screened for possible INA § 212(e) two-year home residency issues.
  • F-1 / OPT holders: Timing and maintenance of status are critical.
  • G-4 holders and dependents: Often require separate coordination involving Form I-566 and the U.S. Department of State.
  • B-1/B-2 visitors: These cases require careful review and should not be treated as automatic work-authorized pathways.

Why should U.S. employers act early?

Even where supplemental visas are available, H-2B timing remains highly competitive. The statutory cap is 66,000 per fiscal year, and for FY 2026 DHS authorized up to 64,716 supplemental visas. However, a large portion of those supplemental numbers is reserved for returning workers, so early planning still matters.

Filing early helps employers:

  • preserve eligibility for the October 1 cap cycle
  • position strong returning-worker cases
  • reduce preventable delays in prevailing wage and recruitment timing
  • evaluate whether current workers in the U.S. may qualify for a change-of-status strategy

Frequently Asked Questions (FAQs): October 2026 H-2B Filing Season

How many H-2B visas are available in 2026?

The regular statutory H-2B cap is 66,000 per fiscal year. For FY 2026, DHS also authorized up to 64,716 supplemental visas, with many reserved for returning workers.

What is the first step in the H-2B process?

The process begins with a Prevailing Wage Determination from the U.S. Department of Labor. Without that step, the employer cannot properly move into the labor-certification phase.

Does H-2B involve a lottery?

The randomization occurs at the Department of Labor labor-certification stage for qualifying applications filed during the initial three-day filing window. It is more accurate to describe this as DOL randomization rather than a USCIS lottery.

Secure Your Workforce: Book a Strategy Session

Do not wait until the filing window opens to start planning. Employers targeting an October 1, 2026 H-2B start date should begin now to assess prevailing wage timing, document readiness, and potential visa-transition options for workers already in the United States.

We have successfully processed these U.S. immigration matters for over 28 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703) 829-5881. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA)


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