LICA has joined in a coalition that is seeking to expand the existing cap on H-2B visas for seasonal workers which many LICA members utilize to meet workforce shortages. The current H-2B cap has consistently fallen short of documented workforce needs during periods of strong economic growth and low unemployment. For FY 2027, the 33,000 first half cap was met on September 12, 2025, and the 33,000 second half cap was met on March 10, 2026. While the H-2B program continues to have limitations and does not fully address the construction industry’s broader workforce shortages, expanding the cap would provide employers some relief.
The coalition has been successful in getting a provision in the House version of FY 2027 Department of Homeland Security appropriations bill that would allow employers that have successfully received H-2B labor certifications within the past five years to access those same visa positions in FY 2027 without the visas counting against the annual statutory cap. The subcommittee-passed bill includes bipartisan H-2B language that would establish a cap exemption for Certified Seasonal Employers, defined as a seasonal employer that received an H-2B labor certification from the Department of Labor annually during fiscal years 2022-2026. The cap exemption would apply to the highest annual number of H-2B workers that employer was certified to hire during the last five fiscal years. If the employer wants to request additional workers on top of this number in 2026, those requests will count against the cap. H-2B workers with companies seeking to use the H-2B program for the first, second, third or fourth time all continue to be subject to the annual 66,000 cap. While this provision does not solve workforce shortage problems for all construction businesses, access to at least a historical level of visas without having to compete in the annual visa lottery and cap process would be beneficial in the short term for many employers.
LICA is joining our construction industry partners, such as the Associated General Contractors (AGC), and other industry groups through the coalition in support of this provision as a practical and responsible policy that recognizes employers with a proven history of using the program legally and reliably while maintaining a lawful workforce. LICA members impacted by the visa cap are encouraged to contact their Senators and Representatives to support this common-sense provision. The coalition is also seeking broader reforms in the H-2B visa program to make it more useful to employers unable to address their workforce needs on a regular basis.