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.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-09142 — Employment and Training Administration Program Year 2026 Workforce Innovation and Opportunity Act Section 167, National Farmworker Jobs Program State Allotments
The Department of Labor is setting the 2026 funding amounts for the National Farmworker Jobs Program, which helps farmworkers get job training and career services. These new allotments start July 1, 2026, and affect states that receive this support. If you want to share your thoughts, you have until May 22, 2026, to send in comments.
2026-08199 — Program Year (PY) 2026 Workforce Innovation and Opportunity Act (WIOA) Title I Allotments; PY 2026 Title III Wagner-Peyser Act Employment Service (ES) Allotments and PY 2026 Workforce Information Grants
The Department of Labor is sharing how much money states will get in 2026 to help young people, adults, and workers who lost jobs find new opportunities. This includes funds for job services and workforce info grants. If you want to suggest changes, you have until May 28, 2026, to speak up!
2026-07771 — Workforce Innovation and Opportunity Act (WIOA) 2026 Lower Living Standard Income Level (LLSIL)
The Department of Labor just updated the 2026 Lower Living Standard Income Level (LLSIL), which helps decide who qualifies as low-income for workforce programs under WIOA. This change affects youth and adults seeking job training and support, starting April 22, 2026. It’s all about making sure help goes to those who need it most, based on the latest income and poverty guidelines.
2026-06694 — Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Monetary Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging
Starting April 7, 2026, employers who hire H-2A and H-2B temporary foreign workers must follow updated rules on how much they can charge for meals and travel costs, including lodging. This affects agricultural employers (except those in herding or livestock range jobs) and ensures workers get fair treatment on meal charges and travel reimbursements. These updates keep things fair and clear for everyone involved!
2026-06595 — Agency Information Collection Activities; Comment Request; Pre-Implementation Planning Checklist for State Unemployment Insurance Information Technology Modernization Projects
The Department of Labor wants to keep using a handy checklist that helps states plan their upgrades to unemployment insurance computer systems. This checklist makes sure states are ready before they launch new tech, saving time and money. States and agencies involved in unemployment benefits should share their thoughts by June 5, 2026, to help improve the process and reduce paperwork.
2026-06324 — Agency Information Collection Activities; Comment Request; Student Experience Assessment (SEA) of Job Corps Centers
The Department of Labor wants to keep collecting feedback from Job Corps students to make their centers better. They’re asking for your thoughts on this plan by June 1, 2026, to keep paperwork light and easy. This helps ensure students’ voices are heard without wasting time or money.
Previous / Next Documents
Previous: 2026-02110 — 25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production
Starting February 2, 2026, all new aircraft must have cockpit voice recorders that capture 25 hours of audio instead of just 2. This change helps investigators get more clues to solve accidents and keeps U.S. rules in line with global standards. Aircraft makers and operators will need to update their gear, but the extra safety info is worth it!
Next: 2026-02139 — Airworthiness Directives; Leonardo S.p.a. Helicopters
If you fly a Leonardo AB412 or AB412 EP helicopter, listen up! The FAA found cracks in the main gearbox support and now requires updating your flight manual to keep things safe. This rule kicks in on February 18, 2026, so get ready to make the change soon—no big costs, just a quick paperwork update to keep your chopper flying strong.