DHS and DOL Announce Up to 64,716 Supplemental H‑2B Visas for FY 2026

Key Point  

• DHS and DOL issued a temporary final rule to increase the FY 2026 H‑2B cap by up to 64,716 supplemental visas, in addition to the statutory annual cap of 66,000. 

H‑2B Visa FY 2026 

On Jan. 30, 2026, the Department of Homeland Security (DHS) and Department of Labor (DOL) exercised time‑limited authority to raise the FY 2026 numerical limit for the H‑2B Temporary Nonagricultural Worker Program. The temporary final rule authorizes up to 64,716 additional visas for the remainder of the fiscal year. 

Rule Justification 

The supplemental visas are intended for U.S. employers who attest that they will face, or will face, irreparable harm or an impending irreparable harm without access to additional H‑2B workers. Employers must complete a new attestation form as part of the filing process. 

Timeline for the H‑2B Rule 

• The rule is scheduled for publication in the Federal Register on Feb. 3, 2026. 
• The temporary final rule is effective Jan. 30, 2026, through Sept. 30, 2026. 
• Filing instructions and release timing for each tranche will be provided in the published rule. 

Breakdown of H-2B Supplemental Visas 

DHS and DOL will distribute the 64,716 supplemental visas across several categories, including: 

• Returning worker visas for individuals who held H‑2B status in prior years 
• Country‑specific allocations, consistent with previous supplemental releases 
• General supplemental visas for employers meeting the irreparable harm standard 

(DHS and DOL will confirm the exact tranche distribution upon publication of the final rule.) 

 What is the H-2B Visa?

The H‑2B program allows U.S. employers to hire nonimmigrant workers to perform temporary non‑agricultural services or labor. To learn more about its requirements, timeline and other key details, read our insight: What is the H‑2B Visa?

Don’t Miss an Update

At Envoy Global, we combine smart, friendly legal teams with smart, friendly technology to facilitate immigration for companies and the global talent they depend on. Our holistic, proactive immigration services are built for accuracy and efficiency, always putting people first.

Reach out today to learn how we can support your company’s immigration needs.