The United States government has announced the release of 35,000 additional H-2B temporary nonagricultural worker visas for Fiscal Year (FY) 2026, offering partial relief to American businesses facing seasonal and short-term labor shortages across critical sectors of the economy.
The announcement, made jointly by the Department of Labor (DOL) and the Department of Homeland Security (DHS), expands the number of H-2B visas available beyond the 66,000 visas annually mandated by Congress. However, officials acknowledged that the supplemental allocation represents a nearly 50 percent reduction compared with the number of additional H-2B visas released during the FY 2023–2025 period, reflecting a more constrained approach to temporary labor expansion.
Supporting Seasonal Workforce Needs
According to the DOL and DHS, the supplemental visas are intended to help U.S. employers meet seasonal or temporary workforce demands in industries that are critical to economic stability and infrastructure continuity. These include seafood processing, forestry, hospitality and tourism, transportation, and manufacturing, sectors that traditionally rely on short-term foreign labor when domestic supply is insufficient.
Federal officials emphasized that the visas are targeted at employers who can demonstrate that the absence of foreign workers would cause irreparable harm to their operations. The agencies noted that detailed eligibility requirements and filing procedures will be released in the coming weeks through a temporary final rule to be published in the Federal Register.
“The additional visas are designed to support U.S. businesses while maintaining protections for American workers,” officials stated, adding that safeguards against labor displacement remain in place.
Overview of the H-2B Visa Program
The H-2B visa program allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs when qualified U.S. workers are unavailable. Common occupations under the program include hotel staff, landscapers, seafood processors, amusement park workers, and construction support roles.
Under existing regulations, the maximum stay for an H-2B worker is three years. After reaching this limit, individuals must leave the United States and remain outside the country for at least three months before becoming eligible to apply for reentry under the H-2B classification.
Unlike the H-1B visa, which targets skilled professionals, the H-2B program primarily addresses seasonal and peak-load labor needs, making it a lifeline for industries dependent on fluctuating demand.
Annual Cap and Semi-Annual Allocation
Congress currently caps the H-2B program at 66,000 visas per fiscal year, divided evenly between two employment periods:
- 33,000 visas for workers beginning employment between October 1 and March 31
- 33,000 visas for workers beginning employment between April 1 and September 30
The newly announced 35,000 supplemental visas will be issued on top of this statutory cap, subject to agency discretion and regulatory criteria.
Filing Window and Randomization Process
The Office of Foreign Labor Certification (OFLC) opened the filing window for H-2B Applications for Temporary Employment Certification (Form ETA-9142B and appendices) for jobs with start dates of April 1, 2026, or later on January 1, 2026, at 12:00 a.m. Eastern Time.
Applications submitted during the initial three-day window from January 1 to January 3 were subjected to a randomization process, a long-standing mechanism used when filings exceed available visa numbers.
OFLC completed this randomization on January 4, 2026, assigning applications to Assignment Group A, which includes enough worker positions to reach the 33,000 semi-annual visa cap for the second half of the fiscal year. Employers in Group A will receive Notices of Deficiency or Acceptance from the National Processing Centers.
Subsequently, OFLC published assignment information for 10,062 H-2B applications covering 162,603 worker positions with April 1 start dates. Written notifications were sent to employers and their authorized attorneys or agents on January 4, informing them of their application status.
Business Impact and Policy Balance
Employer groups have welcomed the additional visas but expressed concern that the reduced supplemental allocation may fall short of meeting demand. Industry associations in hospitality and seafood processing have long argued that labor shortages threaten business continuity, especially in rural and coastal regions.
At the same time, labor advocates have urged stricter oversight, citing concerns over wage suppression and worker protections. Federal officials reiterated that the H-2B program includes prevailing wage requirements, recruitment obligations, and compliance audits to safeguard U.S. workers and foreign employees alike.
As the federal government prepares to release the final rule detailing eligibility and allocation criteria, employers and immigration practitioners are closely monitoring developments that will shape access to temporary labor for the remainder of FY 2026.
