On September 25, 2026, the U.S. Department of Transportation (U.S. DOT) issued a rule finalizing revisions to its Disadvantaged Business Enterprise (DBE) program. The program has been operating for the past year under the terms of an "interim final rule" put in place October 2025.
Category: Legislative Updates
U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-2B visa cap for the first half of fiscal year (FY) 2027 has been reached as of the September 4, 2026 deadline. This date covers applicants seeking to start work before April 1, 2027. The regular semi-annual limit is 33,000 workers for this period. The second half of fiscal year 2027 (covering start dates from April 1, 2027, through September 30, 2027) will receive its own statutory allocation of 33,000 visas. Petitions for the summer season typically open for filing in early January. Based on previous years, demand is extremely high, and the regular second-half cap historically fills entirely within a few months.
On September 16, 2026, the House overwhelmingly passed the Water Resources Development Act of 2026 (WRDA) by a bipartisan vote of 415–9. In the Senate, the Environment and Public Works (EPW) Committee unanimously approved its version of the bill on July 15, 2026 and is currently awaiting full floor consideration. WRDA is a biennial bill that typically authorizes a variety of water infrastructure such as inland waterways, ports and harbors, flood protection, and other Corps of Engineers projects.
While the Senate is expected to remain in session at least through the end of this week, a full vote on the farm bill is unlikely before the upcoming recess. Although the Senate Agriculture Committee advanced the Agricultural Act of 2026 on September 16, 2026, Chairman John Boozman (R-AR) and other lawmakers like Senator Joni Ernst (R-IA) stated that there is not enough time on the calendar to put the package on the floor before breaking for the November midterm elections. There was hope that the Senate would take up the bill before the recess to expedite finalizing the legislation this year.
The Senate returned this week from its Labor Day recess with plans for three weeks of legislative activity in hopes of addressing some top priority issues before adjourning to return home for a final campaign effort prior to the November 3 midterm elections. The House adjourned this week to finalize its reelection efforts. While the Senate has a long list of unfinished business to address, one of its top priorities is to complete action on the Farm Bill. On Wednesday, the Ag Committee reported the bill out, leaving open the possibility of bringing it to the floor for a vote.
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EPA and the Army Corps of Engineers are seeking additional comment on their proposed "waters of the U.S." (WOTUS) rule by suggesting new definitions for critical terminology. The agencies proposed the new WOTUS rule in November and received more than 22,000 comments, most seeking further clarification.
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The H-2B Coalition, which LICA has joined as a participating member, continues to work for an increase in the annual H-2B cap for the number of workers eligible for temporary work status under the program. The U.S. Citizenship and Immigration Services (USCIS), which administers the program, announced it has already received enough petitions to fill the congressionally established H-2B cap for the first half of fiscal year (FY) 2027. Sept. 4, 2026 was the final deadline for worker petitions under the 2027 first-half-year cap requesting an employment start date before April 1, 2027.
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A federal judge has paused USDA's reorganization and most associated employee relocations until Oct. 2 as part of a lawsuit brought by federal employee unions and allied parties.
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With the midterm elections just over two months away, the House returned to Washington this week to complete action on an extension of Fiscal Year 2027 funding to keep the government operating beyond the September 30 end of the fiscal year. By a vote of 370-48, lawmakers Tuesday passed a continuing resolution (CR) to keep the government fully open through the midterm election season. The House voted to adopt the Senate-approved stopgap legislation — which funds federal agencies through Dec. 11. For construction markets this was the better outcome because the Senate bill extended funding for highway, wastewater and drinking water programs at current levels and also extended highway program authorization through Dec. 11. This action was necessary as the surface transportation legislation also expires on September 30.
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The Environmental Protection Agency this week announced it is granting more exemptions from biofuel-blending rules to oil refineries than initially expected while also seeking to soften the blow to agricultural-based fuels. The decision provides 29 full and partial small refinery exemptions (SREs) under the Renewable Fuel Standard (RFS) program. Eighteen refineries received full exemptions, while 11 received partial, three were denied and two were deemed ineligible, according to the rule.
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