H-2B Seasonal Worker Visas in 2026: A Texas Employer’s Guide to Supplemental Allocations
Texas employers who depend on seasonal labor — in landscaping, hospitality, oil and gas services, construction, and food processing — are facing one of the tightest labor markets in years. The H-2B visa program allows U.S. employers to bring temporary nonagricultural workers to the United States when qualified American workers are unavailable. But demand for H-2B visas consistently exceeds the annual cap, and the FY2026 regular allocation reached its limit on March 10, 2026.
The good news: the Department of Homeland Security and the Department of Labor have released supplemental H-2B visa allocations for FY2026, including a third allocation of 18,490 visas for workers with employment start dates between May 1 and September 30, 2026. Unlike the first two supplemental rounds, this allocation is not limited to returning workers — opening the door to first-time H-2B employees. For Texas employers, the filing window is narrow, and preparation must begin immediately.
How the H-2B Program Works
The H-2B visa allows U.S. employers to hire foreign nationals for temporary, non-agricultural positions when the need is seasonal, peak-load, intermittent, or a one-time occurrence. The employer must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The annual H-2B cap is 66,000 visas, split into two halves: 33,000 for workers who begin employment in the first half of the fiscal year (October 1 through March 31) and 33,000 for workers beginning in the second half (April 1 through September 30). Both halves routinely reach their cap within days of the filing window opening.
FY2026 Supplemental Allocations: What Texas Employers Need to Know
Recognizing that the 66,000-visa cap is inadequate for the U.S. economy’s seasonal labor needs, DHS and DOL have authorized supplemental H-2B visas for FY2026 through temporary final rules. The supplemental allocations for FY2026 include three rounds:
First allocation (issued December 2025): Additional visas for the first half of FY2026, limited to returning workers who held H-2B status in one of the preceding three fiscal years.
Second allocation (issued February 2026): A second tranche for the second half of FY2026, also limited to returning workers.
Third allocation (18,490 visas): Available for workers with start dates between May 1 and September 30, 2026. This allocation is open to all qualified workers — not just returning workers. Filing dates were announced in late March 2026.
The third allocation is particularly important for Texas employers who were unable to secure visas in the first two rounds or who need workers for peak summer season.
Eligibility Requirements for Employers
Temporary Need
The employer must establish that the need for the workers is genuinely temporary. USCIS recognizes four categories of temporary need: seasonal (tied to a specific season), peak-load (a temporary spike beyond normal staffing), intermittent (sporadic or occasional need), or one-time occurrence (a specific, non-recurring event).
Labor Market Test
Before filing an H-2B petition, employers must complete a labor market test to demonstrate that U.S. workers are unavailable. This involves filing a temporary labor certification application with the Department of Labor, placing job orders with the State Workforce Agency, and conducting recruitment efforts (newspaper advertisements, contact with former employees, etc.) for at least 21 days. The prevailing wage for the position must be obtained from the DOL’s National Prevailing Wage Center before beginning recruitment.
Prevailing Wage Compliance
H-2B employers must pay workers at least the prevailing wage for the occupation and geographic area, as determined by the DOL. For many seasonal positions in Texas — landscaping, groundskeeping, hospitality, and food service — prevailing wages have increased in recent years, reflecting the tight labor market.
Steps to File for H-2B Workers Under the Supplemental Allocation
Step 1: Obtain a Prevailing Wage Determination
File Form ETA-9141 with the DOL’s National Prevailing Wage Center. Processing takes approximately 30 to 60 days, though expedited processing may be available. If you already have a valid prevailing wage determination for the same job and worksite, you may be able to use it for this filing cycle.
Step 2: Complete Recruitment and File the Temporary Labor Certification
File Form ETA-9142B with the DOL’s Chicago National Processing Center. Recruitment must follow specific protocols, including placing a job order with the State Workforce Agency covering the area of intended employment and advertising in appropriate media. The recruitment period runs for at least 21 days before the application can be filed.
Step 3: Receive the Temporary Labor Certification
Once DOL certifies that there are insufficient qualified U.S. workers available, it issues a certified temporary labor certification. This certification is required before filing the H-2B petition with USCIS.
Step 4: File the H-2B Petition (Form I-129)
File Form I-129 with USCIS, along with the certified temporary labor certification, supporting documentation of the employer’s temporary need, and the required filing fees. For the third supplemental allocation, petitions must include a specific attestation referencing the supplemental visa availability.
Step 5: Workers Obtain Visas and Enter the U.S.
After USCIS approves the petition, workers abroad apply for H-2B visas at a U.S. consulate. Workers already in the U.S. in valid status may be able to change status. The earliest employment start date under the third allocation is May 1, 2026.
Industries That Rely on H-2B Workers in Texas
Texas is consistently among the top states for H-2B usage. The industries that most frequently sponsor H-2B workers in the state include landscaping and groundskeeping services, hospitality and hotel housekeeping, seafood and food processing, construction and building maintenance, oil and gas field services, amusement and recreation (particularly seasonal tourism businesses), and agricultural support services that do not qualify for H-2A agricultural visas.
For business immigration clients in the San Antonio, Eagle Pass, and San Angelo regions, H-2B visas fill critical labor gaps during peak seasons. The Eagle Pass-Piedras Negras border corridor, as one of Texas’s major cross-border trade routes, generates seasonal labor demand in warehousing, logistics, and support services that H-2B workers often fill.
Common Mistakes and Delays
Missing the filing window. Supplemental allocations are announced with specific filing dates and are first-come, first-served. Filing even one day late can mean missing the allocation entirely.
Inadequate recruitment documentation. DOL denies labor certifications when employers cannot demonstrate sufficient recruitment efforts. Keep detailed records of every advertisement, job posting, response, interview, and reason for rejecting a U.S. applicant.
Incorrect prevailing wage. Using an outdated or incorrect prevailing wage determination is one of the most common reasons for denial. Verify that your PWD is current and covers the correct occupation and worksite.
Failing to distinguish H-2B from H-2A. H-2A visas are for agricultural workers and have different requirements, no annual cap, and a different filing process. If your business involves seasonal agricultural labor, you may need an H-2A visa instead. An experienced immigration attorney can help determine which program applies to your situation.
Not planning for consular processing time. Even after USCIS approves the petition, workers abroad need time to schedule and attend a consular interview, obtain the visa stamp, and travel to the United States. Build in at least 30 to 60 days between petition approval and your desired start date.
Frequently Asked Questions
Can I hire workers who have never been to the U.S. on an H-2B visa before?
Yes, under the third supplemental allocation for FY2026. The first two allocations were limited to returning workers, but the third allocation (18,490 visas for May 1–September 30 start dates) is open to all qualified workers regardless of prior H-2B history.
How much does it cost to sponsor an H-2B worker?
Costs include the prevailing wage determination, recruitment advertising, DOL filing fees, the I-129 filing fee ($780), and potentially premium processing ($2,965 for 15-business-day adjudication). Employers are also responsible for certain transportation and housing costs under DOL regulations. Total costs per worker typically range from $2,000 to $5,000 depending on the circumstances.
Can H-2B workers bring their families?
Spouses and unmarried children under 21 of H-2B workers may apply for H-4 dependent visas. H-4 visa holders may accompany the worker to the U.S. but are generally not authorized to work.
How long can an H-2B worker stay?
H-2B status is initially granted for the period of temporary need, up to one year. Extensions are available in increments of up to one year, with a maximum total stay of three years. After three years, the worker must depart the U.S. for at least three months before being eligible for a new H-2B petition.
Is there a path from H-2B to a green card?
There is no direct path from H-2B status to permanent residence. However, if the employer wishes to sponsor the worker for an employment-based green card through PERM labor certification, that process can proceed concurrently with H-2B status, subject to certain limitations.
Secure Your Seasonal Workforce With Expert Legal Guidance
The H-2B visa process involves multiple federal agencies, strict deadlines, and detailed compliance requirements. Attorney Alfredo Lozano is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization — a credential held by fewer than 5% of Texas immigration attorneys. With offices in San Antonio, Eagle Pass, and San Angelo, the Lozano Law Firm helps Texas employers navigate employer compliance and temporary worker visa programs.
If your business needs seasonal workers for summer 2026 and you want to take advantage of the supplemental H-2B allocation, contact the Lozano Law Firm today. The filing window is limited, and preparation must begin immediately.
