# 2026-02131: Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program

2026-02131, Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program, is a Federal Register rule from Homeland Security Department, Labor Department, Employment and Training Administration published 2026-02-03, effective 2026-01-30 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-02131
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-02131
- Title: Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program
- Type: Rule
- Agencies: Homeland Security Department; Labor Department; Employment and Training Administration
- Citation: 91 FR 5040
- Published: 2026-02-03
- Effective: 2026-01-30
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 1205-AC32, 1615-AD16
- Last updated: 2026-06-11

## 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!

## Abstract

The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year.

## Effects PRIA read

- Up to 64,716 Extra H-2B Visas: benefit, high. 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: benefit, medium. 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)…
- Irreparable-Harm Attestation and 3-Year Record Rule: cost, low. 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 docum…
- Petition Filing and Approval Deadlines: cost, low. 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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- [2026-16982](https://policyrisk.com/federal-register/2026-16982): Wagner-Peyser Act Employment Service Staffing, 2026-08-20
- [2026-10456](https://policyrisk.com/federal-register/2026-10456): Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026, 2026-05-27
- [2026-18043](https://policyrisk.com/federal-register/2026-18043): Federal-State Unemployment Compensation Program: Notice of Federal Agency With Adequate Safeguards To Satisfy the Confidentiality Requireme…, 2026-09-03
- [2026-17833](https://policyrisk.com/federal-register/2026-17833): Agency Information Collection Activities; Comment Request; Student Safety Assessment (SSA) of Job Corps Students, 2026-09-01
- [2026-17834](https://policyrisk.com/federal-register/2026-17834): Agency Information Collection Activities; Comment Request; Job Corps Placement and Assistance Record, 2026-09-01

## Sources
- [2026-02131 on federalregister.gov](https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the)
- [2026-02131 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-02-03/pdf/2026-02131.pdf)

## Related
- [Previous: 2026-02110, 25-Hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production](https://policyrisk.com/federal-register/2026-02110)
- [Next: 2026-02139, Airworthiness Directives; Leonardo S.p.a. Helicopters](https://policyrisk.com/federal-register/2026-02139)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-02131 (as of 2026-06-11).