Pabian Law's H-2B Visa Quarterly Update (March 2026)

Pabian Law Clients and Friends,

We hope that this H-2B Quarterly Update finds you well. We are excited to share the Pabian Law Quarterly Update for March 2026, serving as an educational update on government and regulation changes, trends, alerts, and other pertinent information.

Please read on for information about the following topics:

• Starting work on H-2B visa petitions for the winter 2026-2027 season
• Turmoil in the world of J-1 visas
• Cap relief was finally released...and it looks different this year
• U.S. Department of Labor (DOL) processing times and when your H-2B visa holders can start working
• H-2B moving companies are safe from Mexico's new commercial driver requirement
• Comprehensive update on Temporary Protected Status (TPS) and Pabian Law's I-9 Taskforce
• Registration is open and Early Bird Pricing is still available for the 2026 Staffing Summit!

Starting work on H-2B visa petitions for the winter 2026-2027 season

With the arrival of spring comes the start of work on winter-season H-2B visa petitions! We will begin petition work for winter-season employers in just two weeks (mid-March). When we initiate the process, the only information that clients need to know are the positions that they plan to file for and their dates of need (start and end dates of their petitions).

It is more important than ever to plan and be prepared for next winter season due to:

1. Increased demand: If demand continues to increase at the pace of prior years (roughly a 9.5% increase year over year), we anticipate that the H-2B visa numerical cap will be reached for October 1^st start dates for the first time ever, resulting in some organizations being unable to recruit out-of-country workers.
2. Workforce gaps: Many humanitarian statuses, such as Temporary Protected Status (TPS), Humanitarian Parole, asylum, refugee programs, and more have been paused or terminated, resulting in hundreds of thousands of people losing their ability to work. This will leave gaping holes in the workforce, especially in Florida where many of these foreign nationals are located.
3. Enforcement & compliance: Immigration enforcement continues to rise and will be a trend for years to come. It is critical to understand immigration laws and regulations, be truthful in applications, and to work with a law firm on all immigration petitions and applications.
4. H-2B visa petitions can be an incredibly successful resource for great staff!: At Pabian Law, we continue to experience fast processing times, predictable results, and happy employers and workers for our winter-season petitions. The key has been implementing and utilizing strategy in H-2B visa petitions.

Current Pabian Law clients: our team will be reaching out to you in the next couple of weeks to begin the process. Until you hear from us, no action is required on your end. We have a structured timeline in place and will guide you every step of the way. If you have not yet had a complimentary planning call, or have any strategy questions about next season's petitions, please let me know and I would be happy to schedule a call with you.

For employers who are not yet clients: if you are interested in working with us on H-2B visas for next winter season, we encourage you to contact us as soon as possible. Importantly, if we do not have a signed engagement letter with us, you are not yet a client. We have limited capacity for new winter-season clients, so please reach out right away if there is interest in working with us.

We are excited to start work on your petitions for the 2026-2027 winter season. We look forward to having another great and successful filing season ahead!

Turmoil in the world of J-1 visas

We have been warning clients for the past year that there could be major upheaval in the world of J-1 visas and by many accounts, program challenges unfortunately seem to be happening.

J-1 visas are a visa for recent college graduates to come to the U.S. to put into practice what they learned in school for either a 4 month period (J-1 visa work and travel program) or for a 12 month rotational period (J-1 intern visa). The J-1 visa has been a staple in the hospitality industry for many years to solve staffing holes through entry-level foreign national workers. While Pabian Law does not process J-1 visas, many of our clients have historically utilized this program.

The Trump administration has spoken out negatively against this program many times and continues to place hurdles and obstacles in the way of J-1 visa applicants through extra consulate steps, additional vetting, and other initiatives.

While changes to the program were at first minimal, in recent months, we have heard of the following issues from clients:

• Major increase in consulate and embassy denials (many of our clients are reporting that 100% of their J-1 visa applicants have been denied)
• Long delays for consulate and embassy appointments (several clients are reporting 6-7 month delays that have resulted in J-1 visa holders missing most of the season with the employer)
• Workers backing out of offers
• Workers choosing to go to other countries due to fears surrounding the immigration climate in the United States
• J-1 visa program sponsors urging employers to pay high fees and offer benefits to entice workers to come
• At least three J-1 visa program sponsors no longer sending J-1 visa holders to the United States due to the above issues
• U.S. State Department audits of employers utilizing J-1 visas that we have heard to be intrusive and lengthy

Based on the above, we strongly urge all employers to reconsider how you are utilizing J-1 visas. If you have any departments and/or roles at your organization where you rely upon J-1 visas to staff, you should be very careful. H-2B visas have been heavily endorsed by the administration and are a great alternative to the J-1 visa program over the next few years.

Cap relief was finally released...and it looks different this year

On January 30^th, 2026, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) jointly announced that they would be increasing the Fiscal Year 2026 H-2B visa cap by 64,716 visas  (H-2B visas for start dates that fall between October 1, 2025 through September 30, 2026). This was a big and welcome change from the initial announcement that only 35,000 supplemental visas would be released this year.

Importantly, this year's cap relief looks very different from prior years. The supplemental visas are allocated differently, and the government removed the "country-specific allocation" for El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica. The great news is that there are more supplemental visas allocated specifically for summer-season employers this year. However, there also may be significantly more demand this year, which makes predicting when visas will run out difficult.

Please find below a breakdown of this year's cap relief:

1. Winter-season employers (for January 1^st through March 31^st start dates):
   • 18,490 visas for returning workers only, regardless of nationality. Returning workers are classified as workers who were issued H-2B visas or held H-2B status in fiscal years 2023, 2024, or 2025.
     • Slightly fewer visas were released this year for winter-season employers than the 20,716 that were released last year.
     • It is unclear why USCIS omitted employers with earlier start dates (Oct-Dec) from eligibility for cap relief. Even more frustratingly, USCIS released guidance that seemed to indicate that employers with earlier start dates could file but later reversed course on that guidance, leaving many employers in a difficult situation.
     • Shockingly, on February 13^th, U.S. Citizenship & Immigration Services (USCIS) announced that the supplemental cap was reached for the 2025-2026 winter season, and a random lottery was conducted for petitions received between February 2^nd and February 6^th due to the unprecedented amount of winter cap relief petitions they received. The supplemental cap for winter has never been reached so quickly for winter-season employers.
2. Early summer-season employers (for April 1^st to April 30^th start dates):
   • 27,736 visas for returning workers only, regardless of nationality.
     • There are 8,736 more visas available in this category compared to last year.
     • This allocation was fully used last year soon after release, with Group D being the last group eligible. However, there are more visas this year, so it is possible that more employers will be able to take advantage. We still anticipate that only April 1^st employers will be able to receive these visas due to demand. While we cannot provide an exact estimate because this year is so uncertain, we are hopeful that Group E could be eligible this year.
3. Late summer-season employers: (for May 1^st to September 30^th start dates):
   • 18,490 visas regardless of returning worker status and regardless of nationality.
     • This is the first time in recent history that a supplemental visa allocation has been completely "open" – that is, not tied to specific countries or to returning workers. It is unclear why the government made this change.
     • This year, there are more than three (3) times as many visas in this category (only 5,000 visas last year for May 15^th and later start dates). However, there may be significantly more demand given the expansion to include May 1^st dates and the removal of the returning worker requirement.
     • Although it is very difficult to predict given how different cap relief is this year, we still anticipate these visas to be available for most employers with May start dates (and possibly beyond).

We do not recommend relying on cap relief to fill staffing needs as a general strategy; rather, it should be used as a last resort. As we saw this year, the supplemental cap is unpredictable in terms of timing and scope. Also, due to increasing demand, there is no guarantee that employers will be able to get their supplemental visas. Finally, employers must attest to permanent and severe financial loss ("irreparable harm") without the requested H-2B visa workers, and in the event of an audit, must be prepared to prove this high burden. Therefore, in-country recruiting will always be your safest option when trying to secure H-2B visas.

For a brief recap on this year's cap-relief breakdown, please feel free to watch our YouTube video discussing this topic: https://www.youtube.com/watch?v=BYOt03hgw34.

U.S. Department of Labor (DOL) processing times and when your H-2B visa holders can start working

Although the U.S. Department of Labor (DOL) is supposed to review applications quickly (within 7 days), backlogs often arise – especially for summer-season organizations – due to the incredible amount of petition filings. For employers that filed H-2B visa petitions for the summer 2026 season, the DOL is currently about one week behind in H-2B visa application compared to last year's pace but is still ahead of the pace in 2024. The DOL is currently processing Group D.

For employers with April 1^st  start dates. processing is based on an application's assigned lottery grouping. All applications in Group A are processed before the DOL moves on to Group B, and so on. Once all April 1^st lottery groupings are completed, the DOL proceeds to later start dates in chronological order. For later lottery groupings and some post-April 1^st start dates, the delays can unfortunately cause employers to miss their start date. Finally, if an organization plans to hire out-of-country workers through the supplemental cap, waiting for those visas to be available creates further delays.

To help most easily understand the DOL processing delays and impacts to employers' anticipated start dates, Pabian Law shared a chart with our clients that shows estimated start dates for specific scenarios. If you are a Pabian Law client, please let us know if you would like us to resend it to you. Many of our clients found the chart very helpful in understanding when they could expect their H-2B visa workers to be able to start for the upcoming summer season!

H-2B moving companies are safe from Mexico's new commercial driver requirement

We have good news for hospitality organizations and moving companies that hire drivers on H-2B visa from Mexico! On January 8^th, the U.S. Mission in Mexico announced new documentation requirements for H-2A and H-2B visa applicants attending consular interviews. Initially, this created concern that all H-2 visa applicants would be subject to a new "police certificate" requirement, potentially causing additional delays and consular backlogs.

However, after further clarification, it appears that these new documentation requirements apply only to H-2 visa applicants filling jobs that require a commercial driver's license (CDL) in the U.S., such as heavy tractor-trailer truck drivers. Therefore, moving companies and other employers seeking H-2B visa workers for driving roles that do not require a CDL will not be impacted by this new requirement.

For our H-2B visa clients, this development is a welcome clarification and avoids what could have been an additional hurdle to go through at the Mexican consulate. Therefore, it is business as usual for our moving companies!

Comprehensive update on Temporary Protected Status (TPS) and Pabian Law's I-9 Taskforce

Temporary Protected Status (TPS) is a temporary immigration status granted by DHS to foreign nationals of countries experiencing conflict, natural disasters, or other crises, allowing them to live and work lawfully in the U.S. There are seventeen (17) countries designated under the program.

Beginning in 2025, the TPS program took a massive hit as DHS moved to terminate designations for most participating countries. Incredibly, the administration has already moved to end 15 of the 17 countries eligible for this humanitarian status. However, many of these terminations have been temporarily paused by federal courts while litigation remains pending. Below is a comprehensive update on the status of each currently designated TPS country:

1. Afghanistan:  TPS ended on July 14, 2025.
2. Burma (Myanmar):  TPS ended on January 26, 2026, but restored due to ongoing litigation.
3. Cameroon:  TPS ended on August 4, 2025.
4. El Salvador:  TPS designation will be terminated on September 9, 2026.
5. Ethiopia:  TPS ended on February 13, 2026.
6. Haiti:  TPS ended on February 3, 2026, but restored due to ongoing litigation.
7. Honduras:  TPS ended on September 8, 2025, but restored due to ongoing litigation.
8. Lebanon: TPS designated through May 27, 2026 (untouched).
9. Nepal:  TPS ended on August 5, 2025, but restored due to ongoing litigation.
10.  Nicaragua:  TPS ended on September 8, 2025, but restored due to ongoing litigation.
11.  Somalia:  TPS designation will be terminated on March 17, 2026.
12.  South Sudan:  TPS ended on January 5, 2026, but restored due to ongoing litigation.
13.  Sudan:  TPS designation will be terminated on October 19, 2026.
14.  Syria:  TPS ended on November 21, 2025, but restored due to ongoing litigation.
15.  Ukraine: TPS designated through October 19, 2026 (untouched).
16.  Venezuela:
    • 2021 designation: TPS ended on November 7, 2025.
    • 2023 designation: Beneficiaries who received TPS-related documentation with an October 2, 2026 expiration date on or before February 5, 2025, will maintain work authorization until then.
17.  Yemen: TPS ending on March 3, 2026.

Given these numerous changes and terminations, the TPS program is likely to experience ongoing impacts for years to come. Not only does this affect foreign nationals in the United States, but also creates workforce uncertainty for employers, where they will now need to closely monitor employee work authorizations, ensure timely I-9 reverification, and engage in proactive planning to minimize sudden staffing disruptions. Furthermore, the hospitality industry is adversely affected by these cuts due to it being one of the largest industries in the country that relies upon TPS for staff.

In response to these recent humanitarian program and status terminations, Pabian Law has created a dedicated I-9 Taskforce to support employers with reverification guidance and compliance strategy. This is a new, specialized legal service offering and is subject to separate legal fees.

For more information and for assistance with employment verification matters, please do not hesitate to contact us at i9reverification@pabianlaw.com.

Registration is open and Early Bird Pricing is still available for the 2026 Staffing Summit!

We are so excited to host our eighth annual Staffing Summit this summer in Portland, Maine! This year's event will be bigger and better than ever, filled with more education, 12 national speakers, and more opportunities for collaboration and fun throughout the event.

Registration is now open and Early Bird Pricing is still available.

The Summit brings together hundreds of seasonal hospitality employers from across the country for education, networking, and collaboration. Learn about H-2B visas, immigration compliance, recruiting, employee retention, and more! Plus, you will have ample opportunities to meet potential recruiting partners for your seasonal staffing.

Register today and join us at the 2026 Staffing Summit! You can find more information, including the agenda and hotel details, at www.staffingsummit.com.

I am excited to see so many of you in Portland, Maine this summer!

Conclusion

We hope that you enjoyed this Quarterly Update. Please do not hesitate to contact us with any questions about the topics listed above or any other immigration-related matters.

Warm regards,

Keith Pabian and your friends at Pabian Law

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.