The US Department of Labor (DOL) and Department of Homeland Security (DHS) have issued a temporary final rule authorizing up to 64,716 supplemental H‑2B visas for Fiscal Year (FY) 2026. These visas support US employers in seasonal, non‑agricultural industries facing acute labor shortages — particularly in landscaping, hospitality, and seafood processing. This marks the fourth consecutive year the government has released the full supplemental allocation.
According to the rule, the supplemental visas are available only to employers that attest they are experiencing, or will experience, “irreparable harm” without access to additional H‑2B workers. Employers must complete a new attestation form and maintain documentation for potential review.
Industry experts note that the timing is especially important for employers preparing for major events — such as the FIFA World Cup 2026 — where staffing shortages in hospitality and service sectors are expected to intensify.
Key Details
- The temporary final rule authorizes up to 64,716 supplemental H‑2B visas for FY 2026.
- Visas will be distributed in three allocations based on employers’ start dates of need.
- The rule is effective January 30 – September 30, 2026; USCIS will not accept petitions under the supplemental cap after September 15, 2026.
- Of the supplemental visas, a portion is reserved for returning workers, while others are available for employers with later start dates in the second half of the fiscal year.
- Businesses must attest to facing permanent and severe financial loss without access to H‑2B workers.
The Federal Register rule emphasizes that these visas are authorized under time‑limited statutory authority and cannot be automatically extended into future fiscal years.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.