News & Updates

H-2B Immigration News

Cap updates, policy changes, processing times, and compliance alerts for U.S. employers hiring H-2B seasonal workers. Updated weekly.

Cap Updates
July 10, 2026

FY2027 H-2B Cap Second-Half Opens: What Employers Need to Know

The second half of the FY2027 H-2B cap opened on April 1 with 33,000 visas available for employers with employment start dates on or after April 1, 2027. Supplemental visa releases are expected to follow the pattern of recent fiscal years. Employers should prepare filings now to secure a place in the queue.

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Processing Times
July 2, 2026

DOL Prevailing Wage Processing Times — Q2 2026 Update

The Office of Foreign Labor Certification is currently processing prevailing wage determinations submitted in February 2026 — a roughly 120-day queue. Expedited processing remains limited. Employers filing for spring 2027 seasons should submit PWDs no later than September 2026 to avoid cascading delays.

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Policy Changes
June 18, 2026

USCIS Expands Premium Processing for I-129 H-2B Petitions

USCIS has confirmed that premium processing remains available for all Form I-129 H-2B petitions filed at the Vermont and California Service Centers, with a 15-calendar-day guarantee. The $1,685 fee is unchanged for FY2027. Premium processing eliminates multi-month petition queues — critical for employers with tight start-date windows.

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Wage Rules
June 5, 2026

H-2B Wage Rule Update: What the 2026 Wage and Hour Changes Mean

The Department of Labor issued updated wage determinations effective July 2026 across major H-2B occupations. Landscaping wages rose an average of 4.2% in the Northeast corridor, while hospitality wages increased 3.1% year-over-year. Employers must use the updated wage tables for any PWD filed after July 1, 2026.

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Consular Updates
May 22, 2026

Consular Processing Backlogs: Tijuana, Monterrey, and Guatemala City

The State Department reports continued backlogs at key H-2B consulates. Tijuana is scheduling interviews approximately 45 days out for routine H-2B cases, Monterrey at 30 days, and Guatemala City at 60+ days. Administrative processing (221g) is adding 3-8 additional weeks in these posts. Employers should budget at least 90 days from USCIS approval to visa issuance.

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Compliance
May 8, 2026

CBP Expands Electronic I-94 Verification for H-2B Ports of Entry

Customs and Border Protection has expanded its electronic I-94 issuance to 14 additional ports of entry commonly used by H-2B workers. All workers should now receive an electronic I-94 record at arrival. Employers must verify the I-94 online at the CBP website within 48 hours of each worker's arrival and correct any errors immediately.

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Filing Updates
April 15, 2026

ETA-9142B Goes Fully Digital: FLAG System Mandatory for All H-2B Filings

As of March 2026, the Department of Labor's FLAG system is mandatory for all ETA-9142B H-2B labor certification applications. Paper filings are no longer accepted. The FLAG system now includes a case status dashboard, but limited to basic 'in process' or 'determined' statuses. Employers should retain copies of all FLAG confirmations and processing notices.

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Recruitment
April 1, 2026

H-2B Recruitment Rule Tightens: Updated Ad Requirements for 2026

DOL has updated the required recruitment steps for H-2B labor certification applications filed after January 1, 2026. The SWA job order must now run for a full 7 consecutive days and include the employer's wage offer, worksite address, and terms of employment. Newspaper ads must appear on two separate days including a Sunday. Proof of each step must be retained for the full 3-year record retention period.

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