Pabian Law’s H-2B Quarterly Update (September 2025)

Pabian Law Clients and Friends,

We hope that this H-2B Quarterly Update finds you well.  We are excited to share the Pabian Law Quarterly Update for September 2025, serving as an educational update on government and regulation changes, trends, alerts, and other pertinent information.

Please read on for information about the following topics:

• Reminder of Pabian Law offerings
• End of nonimmigrant visa interview waivers
• New $250 visa integrity fee for nonimmigrant visas
• The U.S. Department of State’s one-year pilot program to test bond system for visas
• What the U.S. Department of Labor Funding Bill means for H-2B compliance
• Economic study on how the H-2B program is good for U.S. economic growth
• U.S. Immigration and Customs Enforcement’s IMAGE Program
• Save the Date for the 2026 Staffing Summit! (All employers are welcome!)

But first, an important note about the numerical cap for the winter 2025-2026 season and H-2B visas for the summer 2026 season:

Update on numerical cap for the winter 2025-2026 season

As many of you know all too well, when H-2B visas were created by Congress, there was a numerical limit placed on how many visas could be issued during the government’s fiscal year which runs from October 1^st through September 30^th.  Currently, 33,000 visas are available for start dates between October 1^st to March 31^st, and another 33,000 visas are available for start dates between April 1^st to September 30^th.  Importantly, only workers coming from outside the United States are subject to the numerical cap (as well as those switching from other visa status in the U.S. (ex. J-1 to H-2B visa status).  H-2B visa workers in the U.S. who are transferring between opposite season organizations (in-country transfers/extensions) are exempt from the cap.

The numerical cap is affecting winter-season employers in two ways for petitions filed for the 2025-2026 season.  First, for the third time, there was a lottery held for H-2B visa petitions with an October 1^st start date, with the U.S. Department of Labor (DOL) assigning applications into two groups (Groups A and B).  The good news is that we expect October 1^st organizations to be unaffected by the numerical cap and to be able to hire workers from outside the country.

As for later winter season filers, we expect the winter-season cap to be hit any day now, if it has not been hit already.  As of August 26, 2025, 30,071 visas out of the 33,000 allotments were received by U.S. Citizenship & Immigration Services (USCIS).  We will send out a notification once we hear from USCIS that the cap has been hit for the 2025-2026 winter season.  Our expectation is that this will negatively impact employers with start dates around October 15^th-November 1^st.  More information to come.

Upcoming Summer 2026 season

How is it already September?! In the next couple of weeks, we will start work on H-2B visa petitions for the 2026 summer-season. It may seem hard to believe as many of our summer-season organizations are still very much in the midst of their busy fall seasons, but soon we will be starting substantive work on your 2026 H-2B visa petitions. As a reminder, when we reach out in the next couple weeks to begin the process, the first tasks/action items for our clients will be for them to confirm the positions and start and end dates o their H-2B visa petitions for next season.

Due to the amount of information and data at our disposal, we are very much expecting a great (and predictable) filing season for our clients and are so excited to start another year of work with so many of you!

Reminder of Pabian Law Offerings

As these Quarterly Newsletters show, there is so much to learn and follow in the world of immigration.  Doing so truly sets our clients up for short and long-term success.  Pabian Law therefore continues to add educational offerings for clients, including:

• Town Hall webinars to provide high-level overviews of where we are in the process, what is coming next, and to share government and political updates (available only to Pabian Law clients)
• Monthly Office Hours/Q&A (available only to Pabian Law clients)
• Client Alerts
• Webinars
• Client Trainings (available only to Pabian Law clients)
• Planning/Strategy Meetings (available only to Pabian Law clients)
• Staffing Summit
• Year-round visas and green cards
• Employment verification consultations (available only to Pabian Law clients)
• Weekly video updates (NEW!!!) – https://www.youtube.com/@PabianLaw
• Seasonal Connect discount for clients (www.seasonalconnect.com)
• And more!

Clients, we encourage you to attend as many of these as you can!

End of nonimmigrant visa interview waivers

On July 25^th, the U.S. Department of State (DOS) announced that it would no longer allow visa interview waivers at consulates and embassies abroad, effective September 2^nd.  This change applies to all nonimmigrant vis applicants (all types of U.S. visas) applying for a visa at an embassy or consulate on or after August 28^th.

This will have major impacts on the hospitality industry as organizations will now almost certainly face delays in seeing out-of-country H-2B workers arrive for their season due to interview appointments likely being backlogged in their home countries.  Additionally, workers already in the U.S. who travel abroad during the season will also likely encounter delays returning to the United States, further straining seasonal employers’ operations.

This will have a particular impact on employers who recruit heavily from Mexico and Jamaica, as those countries have many H-2B workers.  As a result of this policy change, Mission Mexico has reopened nine (9) consular locations to accommodate H-2B visa appointments.  The agency estimates that the end of interview waivers will require an additional 350,000 interviews in Mexico alone. Backlogs seem all but certain.

Additionally, organizations who also rely on the J-1 visa program for seasonal staff will face early-season disruptions.  As a reminder, on May 27^th, new J-1 visa interview appointments were paused as the State Department made plans to expand the screening of student and exchange visitor applicants’ social media accounts.  This halt was lifted on June 18^th and DOS resumed scheduling J visa interviews.

While interviews resumed on June 18^th, the removal of the waiver option will cause significant delays, making it more difficult for employers to have their seasonal workforce ready on time.  Adding to the challenges, the DOS has also expanded vetting of all new student and exchange visitor visa applications (F, M, and J) by investigating applicants’ social media accounts for anti-American and antisemitic sentiment.  The more aggressive screening of new J-1 visa applications will also likely lead to delays for employers looking to get workers on time.

As we continue to monitor changes with visa interview appointments and wait times, we urge employers to carefully evaluate several strategies to help reduce the impact of these delays and secure workers in time for the start of their seasons.  We strongly recommend:

1. Urging out-of-country workers to schedule consulate/embassy visa appointments as soon as you receive your H-2B visa petition approvals from (USCIS);
2. Reconsidering recruiting in-country workers – these workers are not required to attend a consulate/embassy appointment since they are already in the U.S.; and
3. Recommending in-country workers not to leave the U.S. during the season.  If workers do need to leave, strongly encourage them to schedule consulate/embassy appointments before they leave the U.S., when possible, to minimize the amount of time that they will be stuck outside the country.

New $250 visa integrity fee for nonimmigrant visas

On July 4^th, a $250 Visa Integrity Fee for all nonimmigrant visa applicants was introduced as part of the “Big Beautiful Bill.”  Starting October 1, 2025, the fee will be imposed on foreign nationals applying for nonimmigrant visas, including H-2B visas.  The visa integrity fee will be in addition to the $205 visa fee that is also needed for an H-2B visa.  Employers are expected to pay both fees as a requirement of the H-2B visa program.  The $250 visa fee is refundable as long as visa holders fully comply with the terms of their visa and promptly depart the U.S. at the end of their authorized stay.

The fee reflects a growing trend of increased immigration enforcement measures across the country.

The U.S. Department of State’s one-year pilot program to test bond system for visas

On August 5^th, the U.S. Department of State (DOS) announced a one-year pilot program to test a bond system for some tourist and business visas (B/1 and B/2 visas).  The program will give U.S. consular officers discretion to impose bonds (anywhere from $5,000 to $15,000) on visitors from countries with high overstay rates as well as those coming from countries where screening and vetting information is considered insufficient.  The bonds are refundable as long as the visa holders fully comply with the terms of the B1/B2 visa and promptly depart the U.S at the end of their stay.  Importantly, H-2B visa applicants will not be affected.

The program became effective on August 20, 2025.  Currently, the two countries being affected by the bond program are Malawi and Zambia.  The DOS may add or remove countries during the pilot program with a minimum of 15 days’ notice before changes take effect.  As of now, this will only effect visa applicants seeking to temporarily enter the U.S. on a B/1 and B/2 visa.  Again, H-2B visas are not included in the bond system.

The one-year pilot program represents a significant shift in how the U.S. might enforce nonimmigrant visa compliance, by introducing financial accountability through bonds.

What the U.S. Department of Labor Funding Bill means for H-2B compliance

On July 31^st, the Senate Appropriations Committee passed the U.S. Department of Labor (DOL) funding bill for the 2026 fiscal year.

Overall, the bill brings good news for the H-2B visa program.  It includes language to “ensure the efficacy of the H-2B program” and provides $60.5 million for Foreign Labor Certification program administration to ensure the prompt processing of H-2B visa applications.  Hopefully, we will see U.S. Department of Labor processing continue to speed up as a result of this infusion of funding.

There is a strange provision in the bill that we want to clarify.  The bill prohibits the DOL from independently enforcing the three-fourths guarantee provision in the H-2B regulations.  As a reminder, the H-2B regulations require that employers offer full-time employment.  However, there is some flexibility in this, called the “three-fourths guarantee.”  In order to be compliant with the full-time hours requirement, an employer must guarantee that a worker’s hours equal at least three-fourths of the full-time hours listed on the H-2B job order, averaged over each 12-week period of the total employment period.

Importantly, despite what is written in the funding bill, employers should continue complying with all H-2B rules – including the ¾ rule.  Here, the bill states that the DOL cannot audit the three-fourths guarantee on its own.  However, if the agency conducts an audit or site visit for another reason and discovers a compliance issue, it can still enforce the provision.  Therefore, H-2B employers should continue to follow the rules.

Economic study on how the H-2B program is good for U.S. economic growth

H-2B visa growth contributes to the overall economic growth of the U.S. economy.  According to a study done on the impact of the H-2B visa program on U.S. employment, areas that employ more H-2B workers experience overall employment and wage growth among U.S. workers.

According to the study done by Dr. Stephen Bronars with Edgeworth Economics, one of the world’s leading economic consultancies, the number of H-2B visas issued by the U.S. Department of Homeland Security (DHS) has increased by 69% between 2015 – 2019 and 2022 – 2024.  Also, areas in the U.S. in which H-2B workers were employed experienced 1.6% wage growth and general employment growth amongst U.S. workers in the same areas.  The study also found that each additional H-2B worker in a local area supports 2.7 – 4.9 additional full time U.S. workers.  The same is true the other way.  Studies show that failure to fulfill seasonal H-2B labor demands puts U.S. workers currently in roles within the same organizations at jeopardy of losing their jobs.  Companies, such as those in the hospitality industry, may be forced to limit their operations or fully close their doors due to their inability to fill roles held by seasonal employees.  Therefore, if an employer is unable to secure an H-2B workforce, the jobs of full time U.S. employees are also at risk.

Ultimately, hiring H-2B employees allows organizations to adequately staff their workforce based on a temporary need rather than only relying on year-round staff.  The ability to hire these workers allows U.S. employees to continue working and businesses to remain open, while also benefitting from wage and employment growth throughout areas that see H-2B employment demand.   This is great data to share with people who may question the economic benefits of the H-2B visa program!

U.S. Immigration and Customs Enforcement’s IMAGE Program

IMAGE (ICE Mutual Agreement between Government and Employers) is a voluntary partnership program between the government and employers in the business community to help employers who want to comply with employment eligibility verification requirements. Although IMAGE promotes a positive partnership with the government, we recommend that employers think hard about whether to sign up for the program because it could open them up to liability.

The IMAGE partnership provides employers with solutions to hiring process challenges through outreach and education with the goal of fostering workforce integrity and compliance with the law. Businesses that wish to enroll in IMAGE are provided with training and guidance on topics such as anti-discrimination, fraudulent documents, and forced labor. Although this program may seem beneficial, there are drawbacks to consider when registering for the program. Importantly, employers must submit to I-9 inspections and pay fines for deficiencies. The program also establishes self-reporting procedures to inform ICE of violations and deficiencies.

Generally, the purpose of the IMAGE program is to assist employers who wish to stay compliant with employment eligibility verification requirements through a voluntary partnership with ICE. The emphasis is on an employer’s voluntary willingness to provide ICE with additional employee information for compliance purposes, disregarding an employer’s ability to stay complaint on their own. The IMAGE program could make employers feel as though their only option is to voluntarily divulge information to ICE, while in fact, employers can remain compliant on their own. Therefore, we advise against the use of the ICE IMAGE program while urging employers to maintain compliance with all employment verification requirements on their own.

Save the Date for the 2026 Staffing Summit!

All employers are welcome – even if you are not a Pabian Law client!  More information will be coming in the next few months. Save the Date, as last year’s Staffing Summit sold out!

Conclusion

We hope that you enjoyed this Quarterly Update.  Please do not hesitate to contact us with any questions about the topics listed above or any other immigration-related topics.