H-2B Update: What the Administration’s December 31 Announcement Means for TNLA Members

On December 31, the U.S. Departments of Labor and Homeland Security announced plans to make 35,000 additional H-2B visas available for fiscal year 2026, on top of the 66,000 visas already authorized by Congress each year. The agencies have indicated these supplemental visas will be released through a temporary final rule, with details expected in the coming weeks.

This is welcome news for seasonal employers, but it’s important for TNLA members to understand both what this announcement does and does not address.

The Administration confirmed it will use its congressionally granted authority for FY 2026 to release the 35,000 supplemental visas. That number is significantly lower than in recent years, representing roughly a 50 percent reduction compared to the supplemental visas made available in fiscal years 2023 through 2025. The Administration has also indicated that these visas will be targeted toward what it considers critical infrastructure sectors, including forestry, hospitality, tourism, transportation, manufacturing, and related industries. Many green industry businesses could fall within or support these sectors, but the exact eligibility requirements, filing timelines, and worker restrictions have not yet been released. Those details will come once the temporary final rule is published.

Even with this announcement, the H-2B program remains heavily oversubscribed. The first-half cap for fiscal year 2026 was reached on September 12, and the second-half cap is expected to be reached quickly. Without a timely release of the supplemental visas and potentially further action by Congress, many seasonal employers will continue to face workforce shortages that directly affect their ability to operate.

As TNLA has outlined in its advocacy efforts, the H-2B program is already costly and highly regulated. Employers must recruit U.S. workers, pay premium wages, secure approvals from multiple federal agencies, and comply with strict program requirements. The workers themselves are temporary and seasonal, and they return home at the end of the season. They are not immigrants. For many businesses, access to H-2B labor is what allows them to meet peak demand, keep year-round American employees working, and avoid turning down work or cutting services.

For the green industry, lack of access to H-2B labor often means delayed projects, reduced services, higher costs, and lost contracts. Research shows that each additional H-2B worker supports multiple full-time U.S. jobs, including supervisors, drivers, logistics staff, and administrative employees. When labor shortages persist, businesses are forced to scale back operations, putting American jobs at risk and increasing costs for customers.

TNLA continues to press both the Administration and Congress to move quickly. This includes urging the Administration to promptly issue the temporary final rule allocating supplemental visas for FY 2026, encouraging Congress to retain seasonal employer protections in the FY 2026 DHS appropriations process, and continuing to push for longer-term cap relief that provides predictability and stability for responsible employers.

We are actively using these points on Capitol Hill and in ongoing conversations with federal agencies to advocate for the full scope of the green industry. As more details become available, TNLA will continue sharing updates and practical guidance so members are prepared to act.

Link to press release HERE

Contact TNLA’s Legislative & Regulatory Affairs Team 
Curtis Smith – Director – [email protected] 

Karan Mehta – Manager – [email protected] ​