2026 H-2B Cap Relief: How It Happened and What Employers Need to Know

Posted by: Anna Grace Galloway on Saturday, January 16, 2027

 

Seasonal businesses in Greenville have consistently struggled to meet the ebbs and flows of their workforce needs. The Greenville Chamber knows this and realizes that the availability of additional H-2B visas is a critical policy decision for the health of our economy, locally and statewide.

 

On New Year’s Eve, the U.S. Department of Labor (DOL) announced that it and the U.S. Department of Homeland Security (DHS) would be providing 35,000 supplemental visas for the remainder of Fiscal Year 2026.

 

While many Greenville area businesses were relieved that the federal government would be issuing more than the 66,000 visas made available annually under the Immigration and Nationality Act, many businesses, including our Greenville Chamber partner, Vanteo, continued to advocate for DHS and DOL to provide the maximum amount of cap relief Congress allowed under their temporary authority. The issuance of only 35,000 would have represented a roughly 50% decrease in the number of supplemental visas that were made available last year.

 

Those efforts succeeded in persuading DHS and DOL to make 64,716 additional H-2B visas available for the remainder of FY26.

The vast majority of these visas will be available to returning H-2B workers, which means that the individual must have worked in the U.S. on an H-2B visa at some point in FY23, FY24, or FY25.

 

The additional visas are being released in three tranches based on the workers’ start dates:

 

  • Tranche 1 (Start Date of Jan 1–Mar 31): 18,490 visas for returning workers
  • Tranche 2 (Start Date of Apr 1–Apr 30): 27,736 visas for returning workers, and any unused visas from Tranche 1
  • Tranche 3 (Start Date of May 1–End of FY): 18,490 visas and any unused visas from the prior tranches. One critical distinction for this tranche: there is no requirement that the workers be returning workers during this time of the year. This distinction removes a barrier that many businesses face when attracting talent.

 

What does this mean for your business:

 

  • More flexibility in seasonal hiring
  • Greater predictability in workforce planning
  • A larger pool of eligible workers, especially later in the fiscal year

 

There are several factors that your company must consider at this point if you need seasonal H-2B workers this year.

  1. You need to begin the process of obtaining the right counsel and team to do the visa processing as soon as possible. The number of visas companies are demanding will likely far exceed the additional being made available, which makes the timely filing of your application critical for your success. Find the right partner for your business today.
  2. The vetting process is going to be more thorough than in years past. Several officials at DHS, DOL, and the U.S. Department of State have said that there will be additional information needed from your potential workers. In addition, visa interview waiver authority, that in the past expedited the approval process, is no longer available. Factor in the extra time needed for this extra screening to be performed

 

For companies new to H-2B, the process for obtaining these workers involves several federal departments. It starts with obtaining a temporary labor certification from DOL, then securing an approval for your nonimmigrant visa petition from U.S. Citizenship and Immigration Services under DHS. Then, the candidates are interviewed at a State Department consular post abroad where, upon approval, they will have their work visas stamped into their passport.

 

This multi-step process is best handled for your company by a team that has a track record of success. If you have questions, please do not hesitate to contact the Greenville Chamber or our partners at Vanteo, who are very experienced in obtaining H-2B visas for businesses in many different industries across the country.

 

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