Additional Visas: Temporary Increase of 64,716 H-2B Visas [2026]

On January 30, 2026, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced a critical temporary increase of up to 64,716 additional H-2B visas for the 2026 fiscal year. This expansion addresses ongoing labor shortages and allows more nonimmigrant workers to fill temporary, non-agricultural positions. If you are interested in applying for an H-2B visa or want to know how this increase affects you in Orlando or elsewhere in North Carolina and Florida, this guide will provide the up-to-date information you need to move forward.

Understanding the Temporary H-2B Visa Increase

The H-2B visa program allows U.S. employers to bring foreign nationals temporarily for non-agricultural jobs. Typically, there is an annual cap of 66,000 visas split into two halves of 33,000 for the first and second fiscal halves. On January 30, 2026, the Department of Homeland Security and Department of Labor authorized an emergency increase of up to 64,716 additional visas for the fiscal year 2026. This move is unprecedented and reflects the critical need across many industries experiencing labor shortages.

This temporary increase is aimed at sectors such as hospitality, landscaping, construction, and seafood processing. Due to the COVID-19 pandemic recovery and economic rebound, these industries are experiencing a surge in demand for temporary workers that the existing visa cap could not accommodate.

Employers in Orlando, North Carolina, Florida, and nationwide can now petition for more H-2B workers as the supplemental cap is utilized. However, applications must still satisfy all criteria, including labor market tests and regulatory requirements.

Understanding this increase helps both workers and employers in 2026 plan better. This substantial visa boost nearly doubles the typical cap, easing the backlog and giving more foreign workers an opportunity.

Why the government allows supplemental visas

Under federal law, the Secretary of Homeland Security in consultation with the Secretary of Labor can authorize a temporary increase in H-2B visas if the initial cap is reached and there is a demonstrated need to prevent economic harm or irreparable injury to employers.

This authority is exercised carefully and is limited for 2026 to a one-time increase. The goal is to provide flexibility while maintaining program integrity.

Impact on workers and employers

For workers, this additional visa availability means greater chances to obtain work permits and visa approvals. For employers, particularly those in seasonal industries in North Carolina and Florida, it is an opportunity to fill labor gaps legally and swiftly.

Nonetheless, employers must still prove the temporary nature of the work, and workers must satisfy all eligibility criteria.

Legal framework and regulations

The H-2B visa program is governed by 8 U.S.C. § 1101(a)(15)(H)(ii)(b) and regulations in 20 C.F.R. Part 655, Subpart B. These laws require employers to obtain labor certification affirming that no qualified U.S. worker is available and that hiring foreign workers will not harm U.S. labor conditions.

Employers should work closely with legal counsel to ensure compliance when applying under the new supplemental visa allotment.

Step-by-Step Guide to Applying for H-2B Visas

1. Determine Need and Eligibility: Employers must confirm the temporary or seasonal need for workers and ensure compliance with program rules.
2. Submit Temporary Labor Certification: File Form ETA-9142B with the U.S. Department of Labor, demonstrating no qualified U.S. workers are available and the employment will not adversely affect local labor.
3. Wait for Labor Certification Approval: The DOL reviews and approves the labor certification before the H-2B petition can proceed.
4. File USCIS Petition Form I-129: Upon DOL approval, submit the petition to USCIS, marking the supplemental visa category for 2026.
5. USCIS Processes Petition and Lottery: If applications exceed caps, USCIS runs a lottery system to select petitions.
6. Visa Application and Interview: Approved petition holders apply for the visa at the U.S. consulate and attend interviews.
7. Entry and Employment: After visa grant, workers enter the U.S. and begin authorized employment for the approved employer and timeframe.

Tips for success

• Start application early to meet deadlines
• Ensure all information is accurate and complete
• Retain expert legal assistance to navigate complexities
• Keep thorough records of all filings and correspondence

Applying in Orlando, NC, or FL

The process is federally controlled. Local offices in Orlando or North Carolina process interviews but the foundational steps remain the same nationwide. Early communication with local USCIS offices and consulates is recommended.

Documents and Employer Requirements

• Labor Certification (Form ETA-9142B): Employer’s evidence of temporary need and recruitment efforts.
• USCIS Form I-129: Petition for a Nonimmigrant Worker, completed and signed by the employer.
• Job Offer Details: Clear description of duties, hours, wages, and period of employment.
• Proof of Recruiting U.S. Workers: Documentation showing attempts to hire U.S. workers.
• Employer Financials: Evidence demonstrating financial ability to pay required wages.
• Copies of Worker Documents: Passport scans, prior visa records, proof of country eligibility.

Employer requirements for 2026 increase

Employers must comply with wage rules set by the DOL, submit all required notices and attestations, and ensure temporary employment fits the program’s definition. Legal compliance is key to avoid petitions being denied or revoked.

Worker eligibility requirements

Workers must be from countries authorized under the program, be physically able to perform the job, and comply with all U.S. immigration laws. Criminal or immigration violations may affect approval.

Timeline and What to Expect During 2026

• January 30, 2026: DHS and DOL announce temporary increase of 64,716 H-2B visas.
• February–March 2026: Employers submit labor certifications and petitions to utilize increased visa numbers.
• April 2026: Lottery conducted if demand exceeds supply.
• May–June 2026: USCIS adjudicates petitions and notifies approved applicants.
• July–August 2026: Visa stamping and consular interviews for approved workers.
• September 2026–End of Fiscal Year: Workers may enter and begin employment under approved petitions.

Factors affecting timing

Volume of applications, completeness of documentation, and consular appointment availability can influence processing duration. Applicants should plan accordingly and seek legal help to expedite if possible.

Common Mistakes and How to Avoid Them

• Late Filing: Submit petitions and certifications early to avoid missing deadlines.
• Incomplete Documentation: Double-check forms and attachments for accuracy and completeness.
• Failing to Demonstrate Temporary Need: Clearly explain seasonal or temporary nature to meet program rules.
• Ignoring Recruitment Requirements: Properly document efforts to recruit U.S. workers.
• Incorrect Wage Rate: Use prevailing wage data required by DOL to avoid denials.
• Neglecting Legal Updates: Stay informed of 2026 changes to rules and caps.
• Missing Communication from USCIS or DOL: Respond promptly to requests for additional information.

If you only remember one thing: Prepare early and consult experienced immigration counsel to navigate the increased H-2B visa process carefully.

NC, FL, and Nationwide Notes

North Carolina Notes

The H-2B visa program is federally controlled but local USCIS and DOL offices in North Carolina provide support and processing. Employers in NC can benefit from the 2026 supplemental visa increase to address local labor shortages in hospitality, landscaping, and other sectors.

Filing procedures remain the same but local consulates may schedule interviews for workers from eligible countries residing in or near NC.

Florida Notes

Florida employers, including in Orlando, have seen high demand for temporary non-agricultural workers. The 2026 visa increase significantly expands opportunities to hire H-2B workers legally.

Florida's large tourism and hospitality industries are likely to benefit. Local consultation with immigration lawyers is recommended to navigate the complex application process and timelines.

Nationwide Concepts (General Only, Rules Vary)

H-2B visa regulations apply nationwide. However, application methods may vary slightly by consulate location and USCIS service center. The 2026 temporary increase is a federal decision that affects all states equally.

Employers and workers in any state should monitor updates from USCIS and the Department of Labor closely and obtain legal help to understand nuances in their specific area.

When to Call a Lawyer Now

• If your employer is unfamiliar with the increased 2026 visa process
• If you have missed past application deadlines
• If your petition was denied and you want to appeal or refile
• If you are unsure about eligibility or country restrictions
• If you need help with the labor certification documentation
• If you wish to understand your rights after visa issuance
• If you want legal representation during consular or USCIS interviews
• If you face complex immigration or employment issues

About Vasquez Law Firm

At Vasquez Law Firm, we combine compassion with aggressive representation. Our motto "Yo Peleo" (I Fight) reflects our commitment to standing up for your rights.

• Bilingual Support: Se Habla Español - our team is fully bilingual
• Service Areas: North Carolina, Florida, and nationwide immigration services
• Experience: Over 15 years helping clients navigate complex legal matters
• Results: Thousands of successful cases across multiple practice areas

Attorney Trust and Experience

Attorney Vasquez holds a Juris Doctor degree and is admitted to practice in both the North Carolina State Bar and Florida Bar. With over 15 years of dedicated legal experience, he has built a reputation for providing personalized attention and achieving favorable outcomes for his clients.

Frequently Asked Questions

Sources and References

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Department of State Visa Information
• Executive Office for Immigration Review
• North Carolina Courts