The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) have announced plans to release 35,000 supplemental H-2B visas for Fiscal Year 2026, in addition to the standard annual cap. While this is welcome news for employers with seasonal and temporary hiring needs, the total supplemental number is significantly lower than what was released in recent years—making early planning even more important. Below is a quick breakdown of what was announced, who may benefit, what happens next, and how employers can build a practical Plan A / Plan B approach for 2026.
The U.S. Department of Labor (DOL) and the Department of Homeland Security (DHS) announced they intend to make 35,000 additional H-2B temporary nonagricultural visas available for Fiscal Year 2026, on top of the standard 66,000 annual H-2B visas. They also noted this supplemental amount is nearly 50% lower than the total supplemental visas released in FY 2023–FY 2025.
The announcement indicates the supplemental visas are intended to support employers with seasonal or temporary needs in sectors described as “critical infrastructure,” including seafood, forestry, hospitality & tourism, transportation, and manufacturing.
DOL and DHS expect to publish further details, such as eligibility criteria and filing requirements, in the coming weeks through a Temporary Final Rule in the Federal Register.
Build a Plan A + Plan B: Even with supplemental visas expected, many employers choose to plan for two tracks:
Plan A: H-2B strategy
Plan B: Workforce alternatives if H-2B capacity remains tight
If you want help navigating your H-2B workforce, our team can review your seasonal workforce needs and help you map a practical Plan A / Plan B approach for 2026.
Contact us today.
The attorneys at Farmer Law PC help businesses, employers and individuals with employment-based, investor and family-based immigration. For agricultural and seasonal employers, we handle H-2A and H-2B applications and help respond to DOL audits, Wage and Hour investigations and Notices of Deficiency.
Share a few details to request your free 15-minute intro call. The intro call is a short introduction, not legal advice.
Submitting this form doesn't create an attorney-client relationship, so please don't send confidential details until we confirm we can help. Next step: a free 15-minute intro call.
Responsible attorney: Kyle Farmer, Farmer Law PC, Austin, TX.
Prefer to talk now? Call (512) 588-5909.
Next step: pick a time for your free 15-minute intro call below.
Our team will reach out to set up your free 15-minute intro call. You can also pick a time on our scheduler.
Prefer to talk now? Call (512) 588-5909.
