Our friends at Bolour / Carl Immigration Group, APC discuss how seasonal employers across the United States received important relief this year as the Department of Homeland Security (DHS) and the Department of Labor (DOL) authorized up to 64,716 supplemental H-2B visas for Fiscal Year (FY) 2026. The additional visas were released through a Temporary Final Rule designed to help employers facing significant labor shortages in seasonal and temporary non-agricultural industries. Recent federal action expanding the availability of supplemental H-2B visas highlights the ongoing challenges seasonal employers face in securing a reliable workforce, and an immigration lawyer can help businesses and foreign workers understand eligibility requirements, application procedures, and compliance obligations under the H-2B visa program.
The H-2B program allows U.S. employers to hire foreign workers for temporary, non-agricultural positions when there are not enough available U.S. workers to fill those jobs. Congress has set the regular annual H-2B cap at 66,000 visas per fiscal year, divided equally between the first and second halves of the fiscal year. However, demand for H-2B workers has consistently exceeded the available numbers, leaving many employers unable to secure the workforce they need during critical business periods.
To address these ongoing shortages, DHS and DOL exercised their congressionally authorized authority to make an additional 64,716 visas available for FY 2026. The supplemental allocation nearly doubles the number of H-2B visas available beyond the statutory cap and reflects the government’s recognition of the substantial workforce challenges facing seasonal industries.
The supplemental visas are divided into three separate allocations based on employers’ requested employment start dates. The first allocation made 18,490 visas available for returning workers with employment start dates between January 1 and March 31, 2026. A second allocation of 27,736 visas was designated for returning workers with start dates between April 1 and April 30, 2026. The final allocation consists of 18,490 visas for workers beginning employment between May 1 and September 30, 2026. Notably, the third allocation is not restricted to returning workers, providing additional flexibility for employers with late-season staffing needs.
Unlike previous years, the FY 2026 rule does not reserve a separate allotment for nationals of specific countries. Instead, the supplemental visas are available to eligible beneficiaries regardless of nationality, provided employers satisfy the program requirements.
Employers seeking access to these supplemental visas must attest that they are suffering—or will suffer—irreparable harm, meaning permanent and severe financial loss, if they cannot employ the requested H-2B workers. USCIS and DOL continue to impose compliance obligations and worker-protection measures intended to safeguard both U.S. and foreign workers participating in the program.
The demand for H-2B workers remains extraordinarily high. USCIS announced that it received enough petitions to reach the cap for the first allocation of returning-worker supplemental visas shortly after filing opened, requiring the agency to conduct a lottery selection process for eligible petitions. This rapid exhaustion of available numbers underscores the continuing need for temporary foreign labor across industries such as landscaping, hospitality, tourism, seafood processing, and construction.
For employers that depend on seasonal labor, the FY 2026 supplemental H-2B visa allocation offers a valuable opportunity to address workforce shortages. However, given the strong demand and limited availability, employers should plan early, monitor USCIS announcements closely, and ensure that all filing requirements are met to maximize their chances of obtaining needed workers