DHS and DOL have jointly activated a time-limited authority to release up to 64,716 additional H-2B visas for Fiscal Year 2026 — nearly doubling the regular annual cap of 66,000. The catch: these supplemental visas are strictly reserved for employers who can prove their businesses face permanent and severe financial loss without access to temporary foreign workers. This rule took effect January 30, 2026, and runs through September 30, 2026.

Key Points

  • What: DHS and DOL added up to 64,716 supplemental H-2B visas for FY2026, on top of the standard 66,000 annual cap.
  • Who: U.S. employers in nonagricultural industries (e.g., hospitality, landscaping, seafood) who can demonstrate impending irreparable financial harm.
  • When: Rule is effective January 30, 2026 through September 30, 2026; petitions must be filed by September 15, 2026 and approved by September 30, 2026.
  • Impact: Qualifying businesses can hire additional temporary foreign workers beyond the standard cap — but only if they clear a high evidentiary bar.

What's Changing and Why

Every year, the H-2B program caps temporary nonagricultural worker visas at 66,000 (split between two halves of the fiscal year). When demand exceeds that cap — which it regularly does — employers are left without the seasonal workforce they depend on.

Congress gave DHS time-limited authority to release supplemental visas when labor shortages threaten American businesses. For FY2026, DHS and DOL are using that authority to release up to 64,716 additional visas.

The supplemental visas will be distributed in three separate allocations, timed to match different employer start-date-of-need windows across the fiscal year. This phased approach prevents all employers from rushing to file at once.

The Irreparable Harm Standard — This Is the Key Hurdle

Not every H-2B employer qualifies. To access these supplemental visas, employers must attest that they are suffering — or will imminently suffer — permanent and severe financial loss without the additional workers.

This is a higher bar than typical H-2B filings. Employers will need to document their situation using the new Form ETA-9142-B-CAA-10, issued by DOL's Office of Foreign Labor Certification (OFLC). Comments on that form are accepted until April 6, 2026.

Important Deadlines to Know

  • January 30, 2026: Rule effective date (already passed)
  • September 15, 2026: Last day DHS will accept H-2B petitions under this supplemental allocation
  • September 30, 2026: Last day DHS will approve supplemental H-2B petitions
  • September 30, 2029: Extended effective date for 20 CFR 655.69, a specific DOL regulatory provision tied to this rule
  • April 6, 2026: Deadline to submit comments on the new ETA-9142-B-CAA-10 information collection form

What This Means in Practice

If you're an employer in industries like hospitality, landscaping, construction, or seafood processing that already maxed out the regular H-2B cap or was shut out by the lottery, this supplemental allocation offers a real path to additional workers — provided you can credibly document financial hardship.

Workers who receive H-2B visas under this supplemental cap are subject to the same terms as regular H-2B workers: temporary status, tied to a specific employer, for a specific job and location.

What You Should Do

If you're an H-2B employer: Talk to your immigration counsel immediately. Determine whether you qualify under the irreparable harm standard, gather financial documentation, and monitor USCIS and DOL for announcement of the three allocation windows. File as early as your start-date-of-need allows — don't wait until September.

If you're an H-2B worker or prospective worker: Your employer must initiate the petition process. Ask your employer whether they plan to file under the supplemental cap. Your status and authorization timeline depend entirely on when the employer files and gets approved.

If you want to comment on the new form: Submit feedback on Form ETA-9142-B-CAA-10 at regulations.gov (RIN 1205-AC32) by April 6, 2026.