DHS Must Release Supplemental H-2B Visas to Prevent a Processing Bottleneck at DOL

Over the last five years, the H-2B program has evolved from a niche seasonal labor pathway into a critical staffing tool for landscaping companies, hospitality businesses, construction firms, tourism operators, reforestation contractors, and other industries across the country. That increased reliance is reflected directly in the numbers: H-2B application volume at the U.S. Department of Labor (DOL) has risen approximately 60% in just five years. (See Seasonal Employment Alliance data)

Yet while employer demand has grown, processing capacity has not kept pace.

DOL Processing Delays Are No Longer the Exception — They Are the Norm

Under regulation, DOL is required to issue a first action on H-2B applications within seven business days. Despite this mandate, more than 85% of FY25 filings with April 1 start dates did not receive timely first action.

These delays have cascading impacts:

• Employers lose recruitment time

• Visa approvals compress toward peak season

• Workers arrive late, reducing operational productivity and revenue

• Entire supply chains — from lodging to tourism to local economies — feel the strain

There are several potential long-term solutions — additional congressional appropriations, structural reforms allowing DOL to focus only on applications likely to reach USCIS approval, better alignment between agencies — but such changes require political momentum and time.

Right now, the simplest and most effective immediate action lies with DHS.

Why the FY26 Supplemental Visa Release Is Urgently Needed

Each year, the release of supplemental H-2B visas determines whether applications continue forward efficiently or whether employers are forced to reposition filings — placing even greater strain on DOL’s system.

If DHS does not issue the FY26 supplemental visa rule by mid-December, DOL’s already heavy workload will intensify in three ways:

1. Hundreds of employers will withdraw and refile petitions, forcing the system to process the same filings twice.

2. Late-spring and early-summer employers could receive certifications in late May or June, pushing worker arrivals dangerously close to July.

3. Application backlogs will extend into later cohorts, reducing predictability across the industry.

This is not hypothetical. During FY25, only the existence of the supplemental allocation prevented the April filing window from absorbing an estimated 1,200 additional applications. Had those filings joined the April queue, late certification dates would have pushed worker arrival into early summer — too late for many businesses to sustain peak operations.

The Outcome Is Avoidable — If DHS Acts Now

A mid-December release of the supplemental rule would:

✔ Prevent duplicative application processing

✔ Reduce adjudication timelines

✔ Offer certainty to employers planning seasonal workforce strategies

✔ Reduce risk of delayed worker arrivals that cripple seasonal operations

The policy pathway may be complex, but the administrative solution is straightforward: DHS must publish the FY26 supplemental rule now.

What Employers Can Do

Industry advocacy matters — especially when timing is critical.

If you rely on the H-2B program, now is the time to contact your congressional representatives and urge them to press DHS for the timely release of supplemental visas.

Seasonal employers, workers, and the local economies built around these industries cannot afford avoidable bureaucracy-driven slowdowns. A mid-December release is the difference between stability and a preventable processing crisis.