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Rule is in effect

Effective as of January 30, 2026

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  1. In effect Jan 30, 2026
  2. Published Feb 3, 2026
Final Rule In effect General

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

Agency: Homeland Security Department

Document #: 2026-02131

Published: February 3, 2026

Effective: January 30, 2026

Docket: CIS No. 2854-26

Who this affects

  • U.S. employers filing H-1B petitions

Inferred from the official title and Federal Register summary. Confirm on the official document — not legal advice.

Summary

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.

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