Please note an important update on the H-2B Supplemental Cap. The Department of Labor’s initial announcement stated supplemental visas would be directed toward critical infrastructure sectors, “such as” seafood, forestry, hospitality and tourism, transportation, and manufacturing.
DOL used the phrase “such as,” indicating that the industries identified may be illustrative rather than exhaustive.
While the final rule has not yet been issued and the complete list of eligible industries is therefore unknown, we want to proactively plan for your labor needs in the event eligibility is ultimately limited to the industries referenced in the initial announcement, so as to avoid potential labor bottlenecks in your operations.
Here’s what our team can help with now:
If your headcount needs or target start dates have changed, please share your updated staffing requirements with your assigned paralegal.
Our team will follow up with a clear action plan, and we’ll continue to keep you informed as additional guidance is released.
While we continue monitoring developments related to the 2026 supplemental cap, we can help you plan a backup coverage scenario by recruiting work-authorized U.S.-based candidates for time-sensitive operational roles (including EAD holders, Permanent Residents, and U.S. Citizens).
Domestic recruiting can be a valuable safeguard because it is not tied to cap outcomes or consular processing timelines, allowing you to build coverage faster and maintain continuity if allocations don’t fully meet demand.
If helpful, we can map the roles that are most at risk and launch recruiting in parallel, so you have a qualified pipeline ready if supplemental allocations don’t fully cover your needs.
To discuss domestic recruiting specifically, contact us here.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
