How the Government Shutdown Affects the H-2B Program
The ongoing government shutdown has arrived at a critical point in the year, a period that typically brings clarity and stability to the H-2B visa program for 2026. The Seasonal Employment Alliance has highlighted the shutdown’s impact on cap relief measures for the upcoming year, as well as its broader implications for ongoing advocacy efforts seeking a long-term, permanent solution to the program’s recurring challenges.
Will this impact the release of supplemental visas? The short answer is yes. Our visa release advocacy campaign is hampered as a result of the shutdown. The Congressional letter to DHS, for instance, will not start circulating until the shutdown ends. Also, political appointees are working but only in a limited capacity. We have continued to engage them on the visa release but we do not believe DHS has made any progress on the release. Our estimate is that it will take, at minimum, a month between the government reopens and when the visas will be released. If the shutdown is resolved soon, there is a chance the visas could be released in time for supplemental workers to arrive in December but, for planning purposes, you should not expect to receive workers from a potential supplemental visa release until 2026.
Can I file my application with DOL? No, DOL is not fee funded so therefore is shutdown. If the shutdown persists into November, employers with early February dates of need will not be able to file at the earliest possible date. This will cause the workload at DOL to mount, leading to likely delays when the government reopens.
What about USCIS and the consulates? USCIS and the consulates are fee funded. Therefore, both be processing all petitions and visa submissions as normal.
source: Seasonal Employment Alliance
Time will ultimately determine what lies ahead for the H-2B visa program in 2026. Many industry observers believe cap relief will mirror that of previous years, but the timing of any official release could delay operations for businesses that rely on seasonal workers in January and February. For now, the program remains in limbo as both sides of government work toward passing a budget—or at least a continuing resolution—to reopen federal agencies and restore normal operations.
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