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Final Rule

Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program

Document Details

Document Number2026-02131
TypeFinal Rule
PublishedFeb 3, 2026
Effective DateJan 30, 2026
RIN1205-AC32
Docket IDCIS No. 2854-26
Text FetchedYes

Agencies & CFR References

Agency Hierarchy:
Homeland Security Department→Labor Department→Employment and Training Administration
CFR References:
8 CFR 214 20 CFR 655

Linked CFR Parts

PartNameAgency
No linked CFR parts

Paired Documents

TypeProposedFinalMethodConf
No paired documents

External Links

View on FederalRegister.gov Search Regulations.gov

📊 Regulatory Analysis (Deterministic extraction)

🚨 Emergency / Expedited Action
Notice-and-comment waived due to safety or urgency concerns.
Effective Immediately upon publication/issuance
APA Exceptions: 553(b), 553(d)(3)
Interim Final Rule (high confidence)
Note: This rule type typically adds analysis sections not present in earlier documents.
⚠️ Bypassed standard notice-and-comment process

Compliance Obligations 112 found

103 required actions
9 prohibited actions
MAY NOT unspecified must submit through regulations
MUST unspecified must comply is reached (no later than 14 days after the second half of the statutory cap is reached)
MUST unspecified must comply is reached
MUST unspecified must comply is reached
MUST unspecified must obtain final rule (before filing the Form I-129)
MUST unspecified must submit September 15
MUST unspecified must comply such form
MUST unspecified must comply Generally (before the beneficiary can be considered eligible for an H-2B visa)
SHALL unspecified must comply Government (by [DHS])
SHALL unspecified must comply 2135 (by the HSA “shall be deemed to refer to the Secretary” of Homeland Security)
... and 102 more obligations

Costs of Compliance

4.85
Work Hours
Extracted Entities (locations, events, objects)
Locations: Safe Longshore and
Organizations: DHS FAA EPA Gas Pipeline Steel
Comment Responses 71 commenters
0 accepted
0 rejected
0 partial
no_response Submit an attestation affirming, under the penalty
"on the petition, and that they are seeking to employ returning workers only, unless the H-2B worker ..."
no_response worked together to confirm that all workers
"under the returning worker provision in fact were eligible for exemption from the annual cap ( <E T..."
no_response increase in
"worker positions when compared to the same time period for fiscal year 2023..."
no_response As noted above, since FY 2017, Congress has enacte
"unspecified request..."
no_response The vast majority of the H-2B petitions received u
"premium processing (Form I-907, Request for Premium Processing)  <SU>25</SU> <FTREF/> and were ad..."
no_response The additional visas were limited to returning wor
"on the Form I-129, they were likely to suffer irreparable harm, <E T="03">i..."
no_response The vast majority of these petitions
"premium processing and were adjudicated within 15 calendar days..."
no_response for employers with
"employment start dates on or before March 31, 2023; 16,500 for employers with requested employment s..."
no_response for employers with
"employment start dates from April 1, 2023, to May 14, 2023 (early second half allocation); and 10,00..."
no_response and 10,000 for employers with
"employment start dates from May 15, 2023, to Sept..."
Legal Authority & Citations
Statutory Authority: 8 U.S.C. 1101(a) 8 U.S.C. 1184(c) 6 U.S.C. 557 6 U.S.C. 542 8 U.S.C. 1551 8 U.S.C. 1103(a) 6 U.S.C. 202 8 U.S.C. 1184(a) 8 U.S.C. 1357(a) 8 U.S.C. 1225(d) 8 U.S.C. 1361 8 U.S.C. 1184(g) 8 U.S.C. 1356(u) 8 U.S.C. 1103 8 U.S.C. 1258 8 U.S.C. 1324 5 U.S.C. 553(b) 5 U.S.C. 553(d) 8 U.S.C. 1356(m) 5 U.S.C. 601 5 U.S.C. 603(a) 5 U.S.C. 604 2 U.S.C. 1532(a) 2 U.S.C. 1502 5 U.S.C. 801(a) 5 U.S.C. 804 42 U.S.C. 4321 42 U.S.C. 4336(a) 44 U.S.C. 3501 44 U.S.C. 3506(c) 8 U.S.C. 1101 48 U.S.C. 1901 48 U.S.C. 1806 8 U.S.C. 1182 8 U.S.C. 1184 29 U.S.C. 49 8 U.S.C. 1288(c) 28 U.S.C. 2461 Executive Order 13132 Executive Order 12988 Executive Order 14225 Executive Order 13563 Executive Order 14192 Executive Order 12866
CFR References: 8 CFR 214 20 CFR 655 20 CFR 655.69 8 CFR 214.2 8 CFR 274 29 CFR 503 20 CFR 655.15 20 CFR 655.6 8 CFR 248 8 CFR 103.2

▼ Full Text (40,731 words)

Text Available
<RULE> DEPARTMENT OF HOMELAND SECURITY <CFR>8 CFR Part 214</CFR> <DEPDOC>[CIS No. 2854-26; DHS Docket No. USCIS-2026-0034]</DEPDOC> <RIN>RIN 1615-AD16</RIN> DEPARTMENT OF LABOR <SUBAGY>Employment and Training Administration</SUBAGY> <CFR>20 CFR Part 655</CFR> <DEPDOC>[DOL Docket No. ETA-2026-0034]</DEPDOC> <RIN>RIN 1205-AC32</RIN> <SUBJECT>Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS) and Employment and Training Administration and Wage and Hour Division, Department of Labor (DOL). <HD SOURCE="HED">ACTION:</HD> Temporary rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising time-limited Fiscal Year (FY) 2026 authority to issue up to, but not more than, an additional 64,716 visas for the fiscal year. All of these supplemental visas will be available only to those American businesses that are suffering or will suffer impending irreparable harm, <E T="03">i.e.,</E> those facing permanent and severe financial loss, as attested by the employer. These supplemental visas will be distributed in three allocations based on the petitioner's start date of need through the end of the fiscal year. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> <E T="03">Effective Dates:</E> This final rule is effective from January 30, 2026, through September 30, 2026, except for 20 CFR 655.69, which is effective from January 30, 2026, through September 30, 2029. <E T="03">Petition dates:</E> DHS will not accept any H-2B petitions under provisions related to the FY 2026 supplemental numerical allocations after September 15, 2026, and will not approve any such H-2B petitions after September 30, 2026. <E T="03">Comments on the Information [... Content truncated for display. Full text is stored and available for diff comparison ...]