US President Donald Trump’s administration is set to add about 65,000 H-2B seasonal guest worker visas through September 30, according to a Federal Register notice released this week. The joint decision announced by the Department of Homeland Security and the Department of Labor (DOL) is a “temporary final rule” that will double the maximum number of H-2B guest visas this year.
The rare move by the Trump administration marks a departure from the current government’s usual policy changes and visa overhaul moves aimed at immigration crackdown in the country. And so, the expansion of foreign worker program has now increased the cap on H-2B nonimmigrant visas to 64,716 additional visas for fiscal year 2026.
Trump admin expands H-2B visa cap for FY 2026
“These supplemental visas are available only to US businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form,” the US Citizenship and Immigration Services stated in an official press release published on Friday, Jan 30 (US time).
“This temporary final rule authorizes H-2B supplemental visas for FY 2026. To assist US businesses that need workers to begin work on different start dates, the supplemental visas will be distributed in three allocations, including two separate allocations for the second half of FY 2026.”
Under the nonimmigrant visa program expansion, 46,226 of the 64,716 additional visas will be made available only for returning workers, which refers to workers who received an H-2B visa or were granted H-2B status in one of the last 3 fiscal years. The remaining 18,490 visas will not require the migrant to be a returning worker.
Additionally, the visas will be allocated to employers who demand H-2B workers during the late-season. And so, these slots are meant for foreign workers who will begin work between May 1 and September 30, 2026.
In addition to announcing the unconventional shift from the Trump admin’s plan to lead its mass deportation campaign, the USCIS firmly asserted that the increase in the H-2B cap is based on time-limited statutory authority. As a result, it will not apply to the H-2B program in future fiscal years.
What are seasonal guest work visas?
According to the US State Department’s website, the H-2 visa type (H-2A and H-2B) pertain to applicants performing ‘temporary’ or seasonal work. The H-2A classification is for ‘Temporary Agricultural Workers,’ whereas the H-2B is for ‘Temporary Non-agricultural Workers.’
US employers avail the H-2B program to fill temporary nonagricultural jobs in the country. To qualify for the nonimmigrant classification, the petitioner must establish that there are not enough US workers who “are able, willing, qualified, and available” to do the temporary work.
Moreover, it should also be ensured that including H-2B holders in the workforce doesn’t adversely impact the wages and working conditions of similarly employed American workers. Even if the employment situation is otherwise permanent, a petitioner seeking to avail this visa must show that a temporary event of short duration has created the need for a temporary worker.
Allocation of additional H-2B visas
As determined by the USCIS, the supplemental visas will be distributed in three allocations. And so the 64,716 visas are divided as follows:
- 1st allocation: For employment start dates from Jan 1 through March 31, 18,490 visas have been reserved for returning workers who were issued H-2B visas or held H-2B status in FY 2023, 2024 or 2025.
- 2nd allocation: For employment start dates from April 1 through April 30, 27,736 visas (and any unused visa from the first allocation). Employers must file these petitions no earlier than 15 days after the second half statutory cap is reached.
- 3rd allocation: For employment start dates from May 1 through September 30, 2026, 18,490 visas (and any unused visas from the first two allocations). Employers must file these petitions no earlier than 45 days after the second half statutory cap is reached.