Last week, the U.S. Departments of Homeland Security (DHS) and Labor (DOL) issued a temporary final rule authorizing up to 64,716 supplemental H-2B visas for Fiscal Year 2026 to help address ongoing seasonal labor shortages. These visas are available only to employers who attest they are experiencing, or will experience, impending irreparable harm, defined as permanent and severe financial loss, without additional H-2B workers, and who submit a new DOL attestation form (ETA 9142-B-CAA-10). Of the total, 46,226 visas are reserved for returning workers from FY 2023–2025, while 18,490 visas are available for late-season needs with no returning-worker requirement. Allocation will occur in phases based on employment start dates, with petitions accepted through September 15, 2026, or until the cap is reached. Notably, while the Trump Administration previously signaled a smaller release, this rule authorizes the full number of supplemental visas allowed under current law, providing critical relief for employers facing workforce challenges.
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