The construction industry needs nearly 500,000 additional workers in 2026. Ninety-two percent of contractors say they can't find qualified people. Forty-five percent report labor shortages are directly causing project delays. And only 10% are using the legal program built specifically to address it. H-2B visas offer construction contractors predictable, project-specific workers — planned into your bid, not scrambled for after hiring fails.

If you've been using the H-2B program for five or more years and doing everything right — timely filings, clean compliance record, consistent DOL labor certifications — there's a piece of pending legislation that could meaningfully change how the annual cap affects your business. The Certified Seasonal Employer (CSE) Designation would permanently exempt qualifying employers' peak historical workforce from the 66,000 annual cap. But the window to support it is narrow, and it o

On March 20, 2026, USCIS announced that the H-2B statutory cap for the second half of FY 2026 has been met, with March 10 established as the final receipt date. Employers who missed the cap are not without options — the supplemental returning worker allocation opens March 25, offering 27,736 visas for start dates of April 1–30. But eligibility is strict, the window is narrow, and the irreparable harm attestation is not a formality. Here is what you need to know now.

USCIS has reached the FY2026 first-half supplemental H-2B returning-worker cap (Jan. 1–Mar. 31 start dates), selecting petitions by lottery after demand exceeded the 18,490 available visas. Some timely filers will not receive receipt notices. Employers should promptly discuss contingency plans with counsel and continue advocating to Congress for a predictable, permanent H-2B solution.

DHS has published the FY 2026 H-2B supplemental visa rule, making 64,716 additional H-2B visas available for seasonal employers. The visas are divided into three allocations based on start date of need, providing expanded hiring opportunities for businesses facing labor shortages.

Demand for H-2B visas has surged 60% in five years, but DOL processing delays are pushing certifications dangerously close to peak season. Without a mid-December release of supplemental FY26 visas, employers could face duplicative filings, bottlenecks, and late worker arrivals into June or July. DHS must act now—and H-2B employers should contact their congressional representatives to urge immediate publication of the supplemental rule.

As the H-2B season ends, employers should review key compliance steps, from verifying worker contact details and timely departures to maintaining payroll and document records. This guide outlines essential end-of-season responsibilities to help ensure DOL and USCIS compliance.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.

DHS's new H-2 rule adds stricter oversight and denials, increasing compliance risks for employers. Learn how to navigate the changes.