The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced plans to make an additional 64,716 H-2B visas available during fiscal year 2026 for returning workers, supplementing the statutory cap of 66,000 visas authorized annually by Congress. Initially, DHS and DOL only released 35,000 through a supplemental allocation, which is roughly half the total number of additional visas released across fiscal years 2023 through 2025. The recently announced increase to 64,716 provides some relief for irrigation contractors facing labor shortages.
The H-2B visa program allows U.S. employers to hire foreign workers temporarily for nonagricultural jobs when they can demonstrate that there are not enough available U.S. workers willing or able to perform the work. Positions must be temporary, such as seasonal or peak-load employment, and employers must meet specific wage, recruitment and documentation standards.
According to federal labor certification data, green industry businesses, including landscaping, grounds maintenance and related services, account for the largest share of the H-2B program. Estimates show that more than 30% of H-2B participation comes from green industry employers, accounting for nearly 40% of certified occupations. Hospitality is the next largest sector, representing approximately 8% of participation.
“The H-2B program is essential to the success of seasonal industries like landscaping, especially as we continue to face a severe workforce crisis,” said National Association of Landscape Professionals CEO Britt Wood in a press release. “Confidence that this Administration will continue to support the program provides the certainty landscape companies need to invest in growth, purchase new equipment, and deliver the high-quality services their customers rely on.”
Demand for H-2B visas continues to increase
Labor shortages are not going away, and the number of workers requested has more than doubled since April 2018. For fiscal year 2025 alone, employers requested nearly 150,000 workers, well above the combined statutory and supplemental visa availability.
While supplemental allocations vary year to year, the growing number of filings underscores the importance of early planning and realistic expectations when navigating the program.
“I encourage companies to engage with their local representatives, those in Congress and with the associations they belong to,” said Andrew Morris, the Irrigation Association’s director, policy and technical affairs.
When communicating with representatives, Morris suggests emphasizing why the visa program is valuable to their business, why they use it and what has or has not been working in the process.
Don’t downplay compliance
While visa availability and filing deadlines often receive the most attention, compliance requirements remain a critical component of H-2B participation. Employers are required to maintain detailed records, follow recruitment protocols, and ensure that wages and working conditions meet federal standards.
Most established H-2B employers already have systems in place for filing applications, retaining records and paying required wages, factors that agencies review closely during audits. However, Morris encourages business owners to work with human resources and legal professionals who are immigration experts and are staying current with any changes.
“You need to check in with them somewhat frequently to understand what has changed,” he said.
Be prepared for investigations and audits
H-2B investigations and audits can arise randomly or come from worker complaints. The best response begins with planning and preparation. Work with immigration experts to
- establisha system to organize and maintain three years of records electronically.
- preparefor an audit by conducting an internal audit.
- document, document, document. Save reimbursements, worker communications, etc.
- trainand communicate with staff regarding application requirements.
- createa team of legal counsel and human resources experts who can help you respond to wage-and-hour audits.
