top of page

H-2B April 1, 2026 Start Date Processing Update

  • Feb 10
  • 3 min read

What the Latest DOL Numbers Actually Tell Employers


As of the close of business February 7, 2026, the U.S. Department of Labor (DOL) released updated processing data for the April 1 (second-half cap) H-2B filings.


For employers, agents, and attorneys trying to read the tea leaves of the season, this is one of the most meaningful indicators we get each year — but it is also one of the most misunderstood.


Current Status


Group B (filed January 1–3):57.9% of cases have now received a First Action

(Source: DOL FLAG Processing Times — https://flag.dol.gov/processingtimes)


“First Action” means the Chicago National Processing Center (NPC) has actively touched the case and issued either:

  • a Notice of Deficiency (NOD), or

  • a a Notice of Acceptance (NOA)


This is important: the number does not represent approvals only.It represents that adjudication has begun for more than half of that lottery group.


What This Actually Means


Every H-2B season, employers understandably look at processing numbers and immediately ask:

“Does this mean I’m getting workers?”


Not yet.


But it tells us something very important — and reassuring.


The DOL is processing the lottery groups in order. The H-2B filing system is built around a sequential adjudication structure. After cases are assigned to Groups A through H by the lottery, the Chicago NPC works them group-by-group. They do not randomly jump ahead to later groups.

Right now, the government is:

  • more than halfway through Group B, and

  • still actively issuing first actions within that group.


From a practitioner standpoint, that is actually a healthy sign for the season timeline.


Why “First Action” Matters

Many employers track certifications only. But certifications are not the earliest signal of progress — first action is.


A first action means the case has entered adjudication. Once a group begins receiving NOAs and NODs, the program pipeline has started moving. In other words, this is the point in the season where the waiting period begins to transition into the processing period.


The Key Insight Many Employers Miss


DOL certification timing is not the same thing as cap selection.


The Department of Labor does not decide who gets H-2B visas.The DOL decides whether your application is legally approvable.


Specifically, DOL evaluates whether:

  • the temporary need is valid,

  • the number of workers requested is justified, and

  • the employer completed proper U.S. worker recruitment.


Only after certification does the case move to USCIS, where cap numbers are actually counted. Because of that, silence right now is not a negative indicator.


If You Are in Groups C–H


If you are in:

  • Group C

  • Group D

  • or Groups E through H


…and you have not heard anything yet:


This is normal.


It does not mean:

  • your application is flawed,

  • your attorney missed something, or

  • the government skipped your case.


It means your case is still waiting in the adjudication queue.


The DOL does not send a notification saying you are “in line.” Employers simply experience a long quiet period followed by sudden activity when their group is reached. Every season I see employers become convinced something is wrong. It does not mean there is a problem with your case. You will know more about the cap and supplemental visa availability as you draw closer to your certification and USCIS filing window.


The Hardest Part of the H-2B Season


Right now is the most difficult phase of the H-2B process psychologically for employers. By this point you have already:


  • paid legal or agent fees,

  • planned staffing,

  • committed to contracts,

  • scheduled projects,

  • and built your business plan around anticipated workers.


And you are hearing … nothing.


But at this stage, silence is not bad news.It usually means only one thing: the DOL has not reached your group yet.


The Bottom Line

The current data shows the system is functioning the way it is designed to function. The government is moving sequentially through the lottery groups, and adjudication is actively underway.

If you have not heard anything yet, it is very likely not a problem with your case.


It is simply not your turn.


For now, the best takeaway for the H-2B community is this:


Hang in there. The DOL is moving through the groups, and movement early in the pipeline is the necessary first step toward certifications and ultimately worker arrivals.


More updates will follow as we see Group C begin receiving first actions.



Comments


Featured Posts

Recent Posts

Archive

Search By Tags

Follow Us

  • Linkedin
  • Twitter Basic Square

©2024 by Kirchner Law, PLLC Legal Disclaimers

Meagan Kirchner is the attorney responsible for this website. Practice Limited to Federal Immigration Law.

All Rights Reserved.

Disclaimer: Case results depend on a variety of factors unique to each case. Kirchner Law, PLLC does not guarantee or predict a particular result in any case undertaken by the firm. The material appearing in this website is for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. Although we have attempted to maintain the information on this website as accurately as possible, this information may contain errors or omissions, for which we disclaim any liability. This website is not intended to be advertising and the firm does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state.

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Kirchner Law PLLC is not assessed with WCAG 2.2 level AA. Not assessed means that the content has not been evaluated or the evaluation results are not available.

bottom of page