If you filed an H-2B petition for an April 1, 2026, start date, the results of this year’s lottery process likely came as no surprise — demand is once again at an all-time high, and the math simply does not work in favor of most employers.
On Jan. 4, 2026, the U.S. Department of Labor (DOL) completed the H-2B randomization process and issued group assignment emails. For FY 2026, DOL received 8,759 applications requesting a staggering 162,603 worker positions. That represents yet another year-over-year increase and resulted in the creation of a new processing group — Group H.
In short, more employers than ever are relying on the H-2B program, while the number of available visas remains sharply limited.
What do the Group Assignments Really Mean?
As a reminder, Group A is structured to include enough cases to fill the initial statutory cap of 33,000 H-2B visas for the first half of the fiscal year. Group B has historically been a “bubble group,” where some cases ultimately receive visas and others do not.
Importantly, being placed in Group A or B does not mean the case is approved. Those petitions must still clear both Department of Labor and United States Citizenship and Immigration Services (USCIS) review before workers can apply for visas or enter the United States.
If your case landed beyond Group B, it is almost entirely dependent on whether supplemental H-2B visas are released.
Only 35,000 Supplemental Visas — and They’re Limited
On Dec. 31, 2025, the Department of Labor and Department of Homeland Security announced that only 35,000 supplemental H-2B visas will be released for FY 2026. That is a 50 percent reduction compared to the past several fiscal years.
Adding to the concern, the agencies indicated these supplemental visas will be reserved for certain industries, including seafood processing, forestry, hospitality and tourism, transportation and manufacturing. As of now, no additional details have been published, and the final rule has not yet appeared in the Federal Register.
For employers outside those industries, the outlook is especially challenging.
Why Now is the Time to Speak Up
The current continuing resolution funding the federal government expires on January 30. That timing makes employer advocacy critically important right now.
Over the past year, Congress has discussed meaningful reforms that could provide more reliable H-2B cap relief, particularly for employers with a strong compliance history. While permanent reform would be ideal, any legislative relief is better than continuing with a system that leaves so many employers without workers year after year.
Employers are strongly encouraged to contact their U.S. Representatives and Senators and explain how essential the H-2B program is to their operations and local economies.
The Big Picture: Demand is Not Slowing Down
Looking back over the past decade, H-2B demand has steadily increased:
Work Start Date (Filed in January)Worker Positions Requested2018 (Apr 1, 2018)~81,000 workersDOL received 4,498 applications covering 81,008 positions before randomization rules changed in 2018.2019 (Apr 1, 2019)~96,400 workersDOL received 5,276 applications covering more than 96,400 positions.2020 (Apr 1, 2020)99,362 workersRandomized filings covering 99,362 worker positions.2021 (Apr 1, 2021)96,641 workersDOL received 5,377 applications requesting 96,641 positions.2022 (Apr 1, 2022)136,555 workersRandomized filings covering 136,555 worker positions.2023 (Apr 1, 2023)142,796 workersDOL received 8,693 applications covering 142,796 positions.2024 (Apr 1, 2024)138,847 workersRandomized January filings covering 138,847 positions.2025 (Apr 1, 2025)149,953 workersDOL received 8,759 filings covering 149,953 positions requested.2026 (Apr 1, 2026)162,603 workersRandomized filings covering 162,603 worker positions.The takeaway is clear: seasonal labor shortages are not going away, and more employers are turning to the H-2B program each year to stay operational.
Don’t Overlook Compliance
At the same time that demand is increasing, agency scrutiny is also intensifying. Whether this is your first year in the H-2B program or your 10th, now is a good time to step back and review compliance obligations — including recruitment, wage requirements, recordkeeping and post-approval responsibilities.
Harris Beach Murtha’s Immigration Practice Group will continue to monitor developments closely and will share updates as soon as additional guidance is released through the Federal Register.
For more information, please see our blog post, H-2B 360° – Legal, Operational and Practical Compliance Insights for the H-2B Visa Program.
If you need assistance with immigration-related matters, please reach out to attorney L.J. D’Arrigo at (518) 701-2770 and ldarrigo@harrisbeachmurtha.com, leader of our Immigration Practice Group, or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
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