What Happened

The U.S. Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), has exercised its congressionally granted time-limited authority to release up to 64,716 additional H-2B visas for Fiscal Year 2026. This is on top of the standard annual H-2B cap of 66,000 visas (33,000 for the first half of the fiscal year and 33,000 for the second half).

The rule took effect on January 30, 2026, and runs through September 30, 2026.

Who Is the H-2B Visa For?

The H-2B visa allows U.S. employers to hire foreign nationals for temporary, nonagricultural work — think landscaping, hospitality, seafood processing, and construction. Because demand for these workers routinely exceeds the annual cap, Congress gave DHS the authority to release supplemental visas when U.S. businesses can demonstrate genuine need.

Who Qualifies for These Supplemental Visas?

Not every H-2B employer can access these extra visas. To qualify, a business must attest — meaning formally declare under penalty of law — that it is suffering or will suffer impending irreparable harm without additional workers. The agencies define this as facing permanent and severe financial loss, not just inconvenience or reduced profit.

This is a higher bar than standard H-2B eligibility. Employers will need to document that the absence of H-2B workers would cause lasting, serious damage to their business.

How Will the Visas Be Distributed?

The 64,716 supplemental visas will be split into three separate allocations, each tied to the employer's start date of need:

  • Allocation 1: For employers with an early start date of need (earlier in the fiscal year)
  • Allocation 2: For employers with a mid-year start date of need
  • Allocation 3: For employers with a later start date of need, running through the end of the fiscal year

This staggered approach is designed to spread access across the full fiscal year and prevent all visas from being claimed immediately by employers with the earliest start dates.

Key Deadlines

  • Rule effective: January 30, 2026
  • Last day to file petitions: September 15, 2026 — DHS will not accept H-2B petitions under the supplemental allocation after this date
  • Last day for approvals: September 30, 2026 — No supplemental petitions will be approved after this date
  • Comment period on new Form ETA-9142-B-CAA-10: Closes April 6, 2026
  • Note: One provision (20 CFR 655.69) has a longer lifespan and remains effective through September 30, 2029

What's New Form ETA-9142-B-CAA-10?

DOL's Office of Foreign Labor Certification (OFLC) has introduced a new information collection form — Form ETA-9142-B-CAA-10 — associated with this rule. This form is how employers will apply for labor certification under the supplemental allocation. Public comments on this form are being accepted through April 6, 2026.

What This Means for Employers

If you are a seasonal or temporary employer who has hit the H-2B cap wall in previous years, these supplemental visas represent a real opportunity — but the irreparable harm attestation requirement means you need to be prepared to document your business case carefully. Work with your immigration attorney now to assess whether you qualify and to prepare your petition materials before the September 15 filing deadline.

What This Means for H-2B Workers

If you are a foreign worker currently in the H-2B pipeline or hoping to be sponsored for H-2B status, this expansion increases the pool of available visas for FY 2026. However, your employer still needs to demonstrate eligibility under the supplemental rules — not all employers will qualify.

Bottom Line

This is a meaningful — though temporary — expansion of the H-2B program for FY 2026. The 64,716 additional visas could help thousands of seasonal businesses fill critical workforce gaps, but access is not automatic and requires employer attestation of severe financial hardship.