Base
Rule2026-021312026-02-03

Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program

Homeland Security Department, Labor Department, Employment and Training Administration

Abstract

The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year.

Action & Dates

Action
Temporary rule.
Dates
Effective Dates: This final rule is effective from January 30, 2026, through September 30, 2026, except for 20 CFR 655.69, which is effective from January 30, 2026, through September 30, 2029.
Effective Date
2026-01-30

CFR References

Topics

Administrative practice and procedureAliensCultural exchange programsEmploymentForeign officialsForests and forest productsFraudHealth professionsImmigrationLaborPassports and visasPenaltiesReporting and recordkeeping requirementsStudentsWages

Public Comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 214 [CIS No. 2854-26; DHS Docket No. USCIS-2026-0034] RIN 1615-AD16 Department of Labor Employment and Training Administration 20 CFR Part 655 [DOL Docket No. ETA-2026-0034] RIN 1205-AC32 ( printed page 5040) AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS) and Employment and Training Administration and Wage and Hour Division, Department of Labor (DOL). ACTION: Temporary rule. SUMMARY: The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer. These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year. DATES: Effective Dates: This final rule is effective from January 30, 2026, through September 30, 2026, except for 20 CFR 655.69 , which is effective from January 30, 2026, through September 30, 2029. Petition dates: DHS will not accept any H-2B petitions under provisions related to the FY 2026 supplemental numerical allocations after September 15, 2026, and will not approve any such H-2B petitions after September 3

Read full document on FederalRegister.gov →

Full Document

Citation: 91 FR 5040