The Departments of Labor (DOL) and Homeland Security (DHS) have announced that they will make an additional 35,000 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2026.
The supplemental visas are on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. However, the additional 35,000 H-2B temporary nonagricultural worker visas are nearly a 50 percent reduction in the total supplemental visas released as compared to FY 2023-2025.
The additional H-2B visas are aimed at supporting American businesses with seasonal or temporary workforce needs in critical infrastructure sectors of the U.S. economy, such as seafood, forestry, hospitality and tourism, transportation, and manufacturing.
The Departments expect to release these additional H-2B visas, including any eligibility criteria and filing requirements, in the coming weeks through a temporary final rule published in the Federal Register.
H-2B Visa Program
H-2B program is used by American companies to hire foreign nationals for temporary non-agricultural occupations in the United States. The maximum length of stay under the H-2B classification is three years. A person who has had H-2B nonimmigrant status for three years must leave the United States and stay outside for three months before applying for reentry.
H-2B Visa Cap
Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sep. 30).
H-2B semi-annual visa allotment
The filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2026, or later, opened on January 1, 2026, at 12:00 a.m. Eastern Time.
OFLC has randomly ordered for processing all H-2B applications requesting a work start date of April 1, 2026, that are filed during the initial three calendar days, January 1-3, 2026. OFLC completed the randomization process on January 4, 2026, and assigned to National Processing Center analysts all H-2B applications placed in Assignment Group A for issuance of Notices of Deficiency or Acceptance. Group A includes enough worker positions to reach the H-2B semi-annual visa allotment of 33,000.
Thereafter, OLFC published the assignment group for 10,062 H-2B applications covering 162,603 worker positions with the start date of work of April 1, 2026.
On January 4, 2026, OFLC provided written notice to each employer and the employer’s authorized attorney or agent, informing them about the Assignment Group for their applications.