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
2026-06270 — Agency Information Collection Activities; Comment Request; Job Corps Health Questionnaire
The Department of Labor wants to keep using the Job Corps Health Questionnaire to learn about applicants’ medical needs. They’re asking for your thoughts on this paperwork by June 1, 2026, aiming to keep things simple and clear without extra hassle. This helps make sure Job Corps can support students’ health while keeping paperwork light and easy.
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.
2026-05700 — Revised Schedule of Remuneration for the Unemployment Compensation for Ex-Servicemembers (UCX) Program That Reflects the Military Pay Increase Effective
Starting January 1, 2026, military veterans filing for unemployment benefits under the UCX program will see updated pay rates that match the new military pay raise. This change helps states calculate benefits more accurately when official military discharge papers aren’t available. If you’re an ex-servicemember filing a first claim after this date, your benefits could reflect these higher pay rates!
2026-05683 — Agency Information Collection Activities for Application for Prevailing Wage Determination; Comment Request
The Department of Labor wants to keep using its forms for employers to request wage info for foreign workers, but they’re asking for your thoughts before extending the approval. No changes to the forms, so no new costs or hassles, just a chance to speak up by May 26, 2026. This helps keep paperwork easy and clear for businesses hiring workers from other countries.
2026-05204 — Agency Information Collection Activities for H-2B Foreign Labor Certification Program; Comment Request
The Department of Labor wants to update and renew the forms used in the H-2B Foreign Labor Certification Program, which helps employers hire temporary non-agricultural workers from other countries. They plan to get rid of one form that’s no longer needed to make things easier and reduce paperwork. Employers and the public can send their thoughts by May 18, 2026, so changes can be smooth and less costly.
2025-14510 — Temporary Suspension of H-2A Certification Fees
Starting September 2, 2025, the Department of Labor is pausing H-2A certification fees to switch from paper checks to electronic payments. Employers applying for H-2A temporary work visas won’t have to pay fees during this break, but any bills sent before the pause still need to be paid on time. This change makes paying easier and more modern, with updates coming later on when fees start again.
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.
Take It Personal
Get Your Personalized Policy View
Start a Free Government Policy Watch to see how policy affects your household, then upgrade to PRIA Full Coverage for year-round monitoring.
Already have an account? Sign in