Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program
Published Date: 2/3/2026
Rule
Summary
The government is letting U.S. businesses bring in up to 64,716 extra H-2B workers in 2026 to help companies facing serious financial trouble. These extra visas are only for businesses that prove they really need the help and will be given out in three waves through September 30, 2026. If you’re a business needing temporary workers, act fast—petitions close mid-September!
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Up to 64,716 Extra H-2B Visas
The government will make up to 64,716 additional H-2B visas available for Fiscal Year 2026 so U.S. businesses suffering or facing impending irreparable harm can hire temporary nonagricultural workers. This authority applies for the remainder of FY 2026 and is available through September 30, 2026.
Three-Wave Visa Allocations and Returning Worker Rules
The 64,716 supplemental visas are split into three allocations: (1) 18,490 for returning workers with employment start dates Jan 1–Mar 31, 2026; (2) 27,736 (plus unused first-allocation visas) for returning workers with start dates Apr 1–Apr 30, 2026; and (3) 18,490 (plus unused prior allocations) for workers with start dates May 1–Sep 30, 2026, which are exempt from the returning-worker requirement. Each allocation has specified filing timing tied to when USCIS reaches the second-half statutory cap.
Irreparable-Harm Attestation and 3-Year Record Rule
Employers seeking visas under the FY 2026 supplemental cap must submit an attestation, under penalty of perjury, that they are suffering or will suffer irreparable harm without the requested H-2B workers and must prepare and retain written evidence supporting that claim. Petitioners must keep documentation for three years from the date DOL approved the Temporary Labor Certification and provide it to DHS or DOL on request.
Petition Filing and Approval Deadlines
USCIS will stop accepting H-2B petitions under the FY 2026 supplemental allocations after September 15, 2026, and will not approve any such petitions after September 30, 2026. Employers must file during the specified filing windows tied to the allocations or their petitions will be rejected.
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Key Dates
Department and Agencies
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