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Homeland Security Department, Labor Department, Employment and Training Administration

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

Published February 3, 2026. Takes effect January 30, 2026, printed at 91 FR 5040, amending 20 CFR 655, 8 CFR 214. 39,378 words.

In plain English

There is a yearly cap on some short-term work visas. This raises it for the year.

Read it at the Federal Register →

What the Rule Says It Does

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, i.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.

This is the rule's own summary, as the Federal Register prints it.

The Order It Names

The rule names this order itself. What it does about it is a reading, and none is recorded here.

On the Face of the Rule

As filed

[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)] [Rules and Regulations] [Pages 5040-5074] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-02131]

Vol. 91

Tuesday,

No. 22

February 3, 2026

Part II

Department of Homeland Security

8 CFR Part 214

Department of Labor

Employment and Training Administration

20 CFR Part 655

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

DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

[CIS No. 2854-26; DHS Docket No. USCIS-2026-0034] RIN 1615-AD16

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

[DOL Docket No. ETA-2026-0034] RIN 1205-AC32

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

AGENCY

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).

ACTION

Temporary rule.

DATES

Effective Dates: 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.

Petition dates: 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.

Comments on the Information Collection: DOL's Office of Foreign Labor Certification (OFLC) will accept comments in connection with the new information collection Form ETA-9142-B-CAA-10 associated with this rule until April 6, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day.

ADDRESSES

You may submit written comments on the new information collection Form ETA-9142-B-CAA-10, identified by Regulatory Information Number (RIN) 1205-AC32, electronically by the following method:

Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions on the website for submitting comments.

Instructions: Include the agency's name and the RIN 1205-AC32 in your submission. All comments received will become a matter of public record and may be posted without change to https://www.regulations.gov. Comments submitted after the deadline for submission will not be considered. Please do not submit comments containing trade secrets, confidential or proprietary commercial or financial information, personal health information, sensitive personally identifiable information (for example, social security numbers, driver's license or state identification numbers, passport numbers, or financial account numbers), or other information that you do not want to be made available to the public. The agency reserves the right to redact or refrain from posting such personally sensitive or other sensitive information or comments that contain threatening language. Please note that depending on how information is submitted through regulations.gov, the agency may not be able to redact the information and instead reserves the right to refrain from posting the information or comment in such situations.

FOR FURTHER INFORMATION CONTACT

Regarding 8 CFR part 214: Business and Foreign Workers Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone (240) 721-3000 (not a toll-free number).

Regarding 20 CFR part 655 and Form ETA-9142-B-CAA-10: Brian D. Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Ave. NW, Room N-5311, Washington, DC 20210, email: [email protected].

Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD).

The fields the Federal Register prints at the head of the rule, quoted as printed. Its summary is quoted above.

Why the Agency Says It Is Doing This

SUPPLEMENTARY INFORMATION

Table of Contents

I. Executive Summary II. Background

A. Legal Framework

B. H-2B Numerical Limitations Under the INA

C. FY 2026 Public Law 119-37

D. Joint Issuance of the Final Rule III. Discussion

A. Statutory Determination

B. Numerical Increase and Allocations for Fiscal Year 2026

C. Returning Workers

D. Returning Worker Exemption for Up to 18,490 Visas for Employment Start Dates Between May 1 and September 30, 2026

E. Business Need Standard--Irreparable Harm and FY 2026 Attestation

F. DHS Petition Procedures

G. DOL Procedures

H. Non-Severability IV. Statutory and Regulatory Requirements

A. Administrative Procedure Act

B. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 14192 (Unleashing Prosperity Through Deregulation)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act of 1995 (UMRA)

E. Executive Order 13132 (Federalism)

F. Executive Order 12988 (Civil Justice Reform)

G. Congressional Review Act (CRA)

H. National Environmental Policy Act (NEPA)

I. Paperwork Reduction Act (PRA)

The passage that opens the rule's preamble, where the agency sets out what it is doing and on what authority. Every heading that follows it is listed below.

What the Rule Contains

Every heading the Federal Register prints in this rule, in the order it prints them. 45 headings, 39,378 words in all.

  1. AGENCYOn its face · 26 words
  2. ACTIONOn its face · 3 words
  3. SUMMARYOn its face · 96 words
  4. DATESOn its face · 119 words
  5. ADDRESSESOn its face · 194 words
  6. FOR FURTHER INFORMATION CONTACTOn its face · 104 words
  7. SUPPLEMENTARY INFORMATIONPreamble · 2 words
  8. Table of ContentsPreamble · 3 words
  9. I. Executive Summary II. BackgroundPreamble · 153 words
  10. I. Executive SummaryPreamble · 602 words
  11. II. BackgroundPreamble · 2 words
  12. A. Legal FrameworkPreamble · 966 words
  13. B. H-2B Numerical Limitations Under the INAPreamble · 1,974 words
  14. C. FY 2026 Public Law 119-37Preamble · 4,014 words
  15. D. Joint Issuance of the Final RulePreamble · 156 words
  16. II. DiscussionPreamble · 2 words
  17. A. Statutory DeterminationPreamble · 3,138 words
  18. B. Numerical Increase and Allocations for Fiscal Year 2026Preamble · 4,525 words
  19. C. Returning WorkersPreamble · 818 words
  20. E. Business Need Standard--Irreparable Harm and FY 2026 AttestationPreamble · 4,567 words
  21. F. DHS Petition ProceduresPreamble · 1,123 words
  22. G. DOL ProceduresPreamble · 512 words
  23. H. Non-severabilityPreamble · 141 words
  24. III. Statutory and Regulatory RequirementsPreamble · 5 words
  25. A. Administrative Procedure ActPreamble · 803 words
  26. 2. Good Cause To Proceed With an Immediate Effective DatePreamble · 1,301 words
  27. 2. Background and Purpose of the Temporary RulePreamble · 2,765 words
  28. b. Population That Files Form G-28, Notice of Entry of Appearance as Attorney or Accredited RepresentativePreamble · 267 words
  29. c. Population That Files Form I-907, Request for Premium Processing ServicePreamble · 291 words
  30. d. Population That Files Form ETA-9142-B-CAA-10Preamble · 1,135 words
  31. a. Transfers From Petitioners to GovernmentPreamble · 868 words
  32. b. Cost to PetitionersPreamble · 1,576 words
  33. v. Estimated Total Costs to PetitionersPreamble · 145 words
  34. c. Cost to the Federal GovernmentPreamble · 904 words
  35. C. Regulatory Flexibility Act (RFA)Preamble · 110 words
  36. D. Unfunded Mandates Reform Act of 1995 (UMRA)Preamble · 355 words
  37. E. Executive Order 13132 (Federalism)Preamble · 74 words
  38. F. Executive Order 12988 (Civil Justice Reform)Preamble · 30 words
  39. G. Congressional Review Act (CRA)Preamble · 171 words
  40. H. National Environmental Policy Act (NEPA)Preamble · 453 words
  41. I. Paperwork Reduction Act (PRA)Preamble · 1,301 words
  42. List of SubjectsRegulatory text · 69 words
  43. DEPARTMENT OF HOMELAND SECURITYRegulatory text · 1,748 words
  44. DEPARTMENT OF LABORRegulatory text · 3 words
  45. Employment and Training AdministrationRegulatory text · 1,631 words

The Rest of the Text

This rule runs to 39,378 words. The rest of it is set out over 3 pages, split at the rule's own headings so that no heading is parted from the words printed under it.

How to cite this
  1. The rule itself

    Homeland Security Department, Labor Department, Employment and Training Administration, “Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program,” 91 FR 5040 (February 3, 2026). Effective January 30, 2026.
    https://www.federalregister.gov/documents/2026/02/03/2026-02131/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2026-numerical-limitation-for-the

  2. This page

    “Exercise of Time-Limited Authority To Increase the Fiscal Year 2026 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program,” a final rule naming an order indexed here. Read the Mandate, https://readthemandate.org/rules/rule-2026-02131/ (retrieved October 10, 2026).

Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.

How This Rule Is Set Out

Federal Register documents are United States government works and are not under copyright, so the rule is here whole rather than cut to an excerpt. It is split at the headings the Register itself prints: the line it is filed under, the captioned fields on its face, the preamble where the agency says what it is doing and why, and the amendments to the Code of Federal Regulations. No passage is shortened. This rule is long enough that its text is set out over 3 pages rather than one.

Two things the Register prints are not reproduced: the running head it repeats at every page break, and the tables it sets as pictures rather than as words. Its own marker for one of those tables, [GRAPHIC] [TIFF OMITTED], is left standing where the table was, so a reader can see that something is there and follow the link to the page it is on.

A heading with nothing quoted under it is one the rule prints on its own, with the words that follow it set under the headings beneath.