Advocacy Update l DHS & DOL Release Nearly 65K Additional H‑2B Visas for 2026

What Happened:
The Departments of Homeland Security and Labor issued a temporary final rule that authorized up to 64,716 additional H‑2B visas for FY 2026 — nearly double what was expected — to help employers facing severe seasonal worker shortages.

Why it Matters: 
In December, the Administration indicated it would release 35,000 supplemental visas for FY2026; the final rule instead authorizes the full 64,716 visas allowed under current law.
— Last year, the Association joined a coalition urging DHS and DOL to release the full FY2026 supplemental H-2B allocation, citing ongoing seasonal labor shortages and the need for workforce certainty.

Who Qualifies:
The supplemental visas will be available only to employers who attest that they are suffering or will suffer impending irreparable harm, defined in the rule as enduring permanent and severe financial loss, without the requested H-2B workers.
— Employers must submit a new DOL attestation form (ETA 9142-B-CAA-10).

The Breakdown:

How the Visas are Divided:
— 46,226 visas for returning H‑2B workers (people who held H‑2B visas in FY 2023–2025)
— 18,490 visas for late‑season needs, open to new workers as well

When They’re Available:
— Jan. 1–Mar. 31 start dates: 18,490 visas (returning workers only)
— April start dates: 27,736 visas (returning workers only)
— May 1–Sept. 30 start dates: 18,490 visas (no returning‑worker requirement)

What Employers Need To Do:
— File petitions at the correct USCIS lockbox
— Clearly mark filings: “Attn: FY2026 H‑2B Supplemental Cap”
— Submit before Sept. 15, 2026 (or earlier if the cap is reached)