DHS Publishes FY26 H-2B Supplemental Visa Rule: Key Details for Employers

The U.S. Department of Homeland Security (DHS) has officially published the FY26 H-2B Supplemental Final Rule in the Federal Register, confirming that 64,716 supplemental H-2B visas will be made available for the upcoming fiscal year.

This is a notable increase from the previously announced 35,000 visas and represents the maximum number DHS is authorized to release under current law. For employers planning for FY26, this announcement provides additional opportunity—but timing and demand will remain critical factors.

What Changed With the FY26 Supplemental Rule

Earlier guidance suggested a more limited release. With the final rule now published, DHS has confirmed that the full allotment of supplemental visas will be available. While this does not eliminate the structural constraints of the H-2B program, it does expand access for employers who may not have secured workers earlier in the process.

This release is particularly important for employers with late spring and summer start dates, where competition for visas has historically been highest.

How the Supplemental Visas Are Allocated

The 64,716 supplemental visas are divided by start date and worker eligibility:

Returning Workers — October 1, 2025 to March 31, 2026

18,490 visas

Available to workers who held H-2B status in at least one of the past three fiscal years.

Returning Workers — April 1, 2026 to April 30, 2026

27,736 visas

Reserved for returning workers with April start dates.

New or Returning Workers — May 1, 2026 to September 30, 2026

18,496 visas

Open to both new and returning workers.

The May 1 allocation is expected to be the most competitive due to the volume of certified positions nationwide.

Filing Timeline and Lottery Considerations

Petitioners are expected to be able to begin filing once the DHS attestation form is published. DHS has indicated a five-day filing window, with the final day expected to fall on Thursday, February 5 or Friday, February 6, depending on how the filing period is calculated.

If filings exceed the number of visas available in any category—particularly for the May 1 allocation—a lottery will be conducted.

Is a Lottery Likely?

Possibly. Current certification data shows over 56,000 positions already approved for January–March start dates alone. Additionally, withdrawn Group A and B applications are not fully reflected in public processing data, which could represent 10,000+ additional positions competing for available visas.

LCI’s Role Moving Forward

LCI will continue monitoring DHS guidance closely and sharing updates as new information becomes available. Our focus remains on helping employers navigate timelines, filings, and potential outcomes with clarity and confidence.

If you have questions about how this supplemental rule may affect your case or upcoming filing strategy, our team is here to help.

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