Pabian Law Client Alert: Summer-season H-2B visa update: DOL moves to Group H

Pabian Law Summer-Season Clients,

I hope all is well. Monday, the U.S. Department of Labor (DOL) completed processing of the nearly 15,000 Group G cases and moved on to Group H (the last lottery group).  The DOL remains just over two weeks behind last year’s processing times.

Please note: lottery group assignments are only applicable to clients with April 1^st start dates, as the volume of April 1^st applications results in the DOL conducting a randomized lottery to determine each application’s place in a processing queue.  Applications with post-April 1^st start dates are not assigned a lottery group and are processed on a first-come, first-served basis once all April 1^st applications are processed.

What this means:

• The DOL remains just over two (2) weeks behind last year’s processing times.  Although we are hopeful that the DOL may catch up as it proceeds to later start dates, these delays will cause many summer-season employers to miss their start dates.  We have linked a chart that outlines the estimated start dates for workers depending on lottery grouping and type of petition (linked), including filing under cap relief.
  • This chart is based on 2025 processing times, and therefore, we recommend adding 2-3 weeks to the anticipated start dates in the in-country column (this is not applicable for out-of-country start dates because those are dictated primarily by the timing of the H-2B supplemental cap (cap relief) as outlined in the attachment).
• Please see the linked Client Alert for more details about supplemental visas (cap relief) (linked), including our estimate of which lottery groups may be eligible. This is also covered in the first attachment (the start date chart).
• We have held recent webinars on the topics of DOL delays and cap relief.  I strongly encourage you to watch these if you have any questions about these topics.  Recordings can be watched at the following links:
  • “Making Sense of the H-2B Visa Lottery and Demand.”  You can watch the recording online at: https://us06web.zoom.us/rec/share/DqyyJwrc3LaML1WK49xnOEGBVeMAeM1Oir0YH2dosU2DbK5Ku8jWRWus7in-II9M.jKnX8H8H_1jBSxC1. Passcode: 10WCyW9%
    • The webinar outlines DOL delays, cap relief, and recruiting strategies.
  • “H-2B Visa Cap Relief (2026).”  You can watch the recording online at: https://us06web.zoom.us/rec/share/BSp3S1nUJEwCP7r98dDQE2F3B81juTYNMBPkG0H-E2DkuZy8mNUPraAx8vgoqbgS.UgVg1GNjl3fz4401. Passcode: ^G42SWIk
• Please remember that in-country recruiting is the best option whenever possible, as it allows you to sidestep cap concerns entirely and avoids the uncertainty and risks associated with supplemental cap petitions (e.g., the “irreparable harm” standard and audits).

Please let us know if you have any questions. We will continue to update you as the DOL proceeds to later start dates.

Thank you,

Keith and the Pabian Law Team