Pabian Law’s H-2B Visa Quarterly Update (September 2026)

Pabian Law Clients and Friends,

We hope this H-2B Quarterly Update finds you well. We are excited to share the Pabian Law Quarterly Update for September 2026, 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:

• Trivia Question!
• What is Pabian Law’s H-2B visa team currently working on?
• What Pabian Law does to lobby for our clients
• Continued enhanced vetting procedures at USCIS and “biometrics” RFEs
• The use of artificial intelligence (AI) and automation in government visa application processing
• Consolidation of U.S. Consulates in Africa: Longer Visa Wait Times Expected
• Possibility of a future transition to mandatory online filing for H-2B petitions
• Recap of the 2026 Pabian Law Staffing Summit and Save the Date for 2027

Trivia Question!

We are excited to introduce a new section to our Quarterly Update to start on a fun note….so here goes!

Question: What three (3) industries are the largest users of the H-2B visa program?

• Answer below!

What is Pabian Law’s H-2B Visa Team Currently Working On?

The Winter 2026-2027 season: We are well into the H-2B petition process for the winter 2026-2027 season, and it has been one of the most successful applications seasons in the history of our firm.  The government has been processing applications very quickly, and we continue to see record low numbers of government requests (Notices of Deficiency and Requests for Evidence).  This has allowed us to receive final H-2B visa petition approvals from U.S. Citizenship & Immigration Services (USCIS) several weeks before employers’ start dates.  With October 1^st start dates for many winter-season organizations quickly approaching, we want to wish all of our clients and friends a wonderful 2026-2027 season!

The Summer 2027 season: while the summer 2026 season is still winding down for many seasonal organizations, it is already almost time to begin the application process for 2027!  We will be starting work on summer 2027 H-2B visa petitions in mid-September.  We are excited to work with so many wonderful people and organization in the weeks ahead!

What Pabian Law does to Lobby for our Clients

At Pabian Law, we believe that representing seasonal organizations means more than just helping navigate the rules that exist today.  In addition to the H-2B visa services we provide, we are also continually lobbying on behalf of our clients in support of the H-2B program.  While H-2Bs are a great staffing solution for so many seasonal employers, the H-2B process is complex, challenging, and anything but perfect.  Therefore, we take great pride in doing what we can to push for change, whether it be small-scale improvements or major legislative overhauls.

Here are some specific ways that Pabian Law advocates for our clients:

• We are long-time supporters of the H-2B Workforce Coalition, a broad alliance of U.S. businesses, employers, and trade associations that advocates for the H-2B program.
• Pabian Law is a proud supporter of the American Hotel & Lodging Association (AHLA), and Keith speaks annually at the AHLA Hotels on the Hill event, with lobbyists and elected officials from around the country.
• Keith is a long-time member of the National Club Association Government Affairs Committee.
• Keith regularly speaks at state legislative conferences on H-2B visas and areas of the program that need to be improved.
• We regularly feature lobbyists at our annual Pabian Law Staffing Summit, including those from AHLA, the National Club Association, the National Ski Areas Association, and the H-2B Workforce Coalition.
• We provide consultations to national associations to help in their lobbying efforts (free of charge).
• Our educational materials are read and used nationally by H-2B employers and others involved in the program to better understand its challenges and advocate for meaningful change.
• We often touch base with local Congressional representatives to stay informed about legislative updates and advocate for program improvements.
• And so much more!

With the complexities and challenges of the H-2B visa program, we believe it is important to be at the forefront of lobbying efforts. Because we file so many H-2B visa petitions each year, we have unique insight into challenges and areas for improvement.   Therefore, Pabian Law will continue bringing these experiences directly to the industry leaders and policymakers who are working to shape the future of the program.

Continued enhanced vetting procedures at USCIS and “biometrics” RFEs

Earlier this year, U.S. Citizenship and Immigration Services (USCIS) updated its screening and vetting practices for those seeking immigration benefits.  These new procedures have resulted in a new type of Request for Evidence (RFE) issued for H-2B visa petitions: biometrics RFEs.  Although issued in less than 5% of petitions, these RFEs have at times caused lengthy and frustrating delays for H-2B employers and workers.

Background on new vetting procedures

USCIS’s enhanced vetting practices followed several executive orders and presidential proclamations aimed at strengthening national security.  In its announcement, USCIS stated that a review of old practices revealed that prior screening and vetting measures were “wholly inadequate.”

One update to these procedures is the development of “system connectivity for automatic notifications of biometric matches and new criminal information.”  USCIS also stated they were developing a new “layered vetting plan” in which they use both classified and unclassified information, expanded criminal history checks, identity verification, and ad hoc security checks to “close security gaps.”

What is a biometrics RFE?

The advent of biometrics RFEs is perhaps the most noteworthy result of these new vetting procedures for H-2B employers. These RFEs require certain named beneficiaries (i.e., beneficiaries on an in-country, employer-transfer petition) to attend an appointment at a USCIS Application Support Center (ASC), in which they must provide fingerprints and biometrics information.  The RFEs do not explain why the beneficiary was flagged – it could be triggered for several reasons (criminal history, nationality, database mismatches, etc.).  Receiving a biometrics RFE does not necessarily mean there is anything wrong with the petition or the flagged worker.

Even if there is nothing wrong with the petition or the worker, these biometrics RFEs still cause delays in petition processing.  This is due to processing timeline impacts, as follows:

1. Under the initial H-2B Premium Processing timeline, USCIS has fifteen (15) business days to either approve the case or issue an RFE.
2. Once a biometrics RFE is issued, the flagged beneficiary must wait until the ASC appointment, which is often 1-2 weeks in the future.
3. Once the beneficiary attends the appointment, USCIS has another fifteen (15) business days to decide whether to approve the case or issue a second RFE.
4. If biometrics-related security checks reveal past arrests or other encounters with law enforcement, the H-2B employer must then decide if they want to remove the worker in question from the petition or make a legal argument in support of the worker’s extension, despite the arrest (at which point another 15-business-day clock would start).

What additional problems are we seeing?

Not surprisingly, the government is still working out kinks with this new system, which have led to some challenging results. For example, we have seen USCIS flag minor incidents that occurred over a decade ago and even make mistakes with the date of the incident in question.  Frustratingly, USCIS has also issued several RFEs flagging different beneficiaries on the same petition, which have delayed petitions for months in some cases.  Finally, USCIS processes petitions as a whole – they unfortunately cannot continue processing for the other beneficiaries while the issue with the beneficiary in question is resolved.  So, the delay impacts everyone on the petition.

Portability (the silver lining) and what these RFEs mean for employers

While these delays can be challenging, one silver lining is that the RFEs are not as disruptive to employers as they once were due to H-2B portability.  Portability allows in-country workers to begin working without approvals if the employment start date has passed and the I-797C physical receipt notice was received for a petition.  Therefore, many H-2B employees can continue to work, even if a biometrics RFE is pending for several months.  Regardless of portability, however, the delay in obtaining a final approval notice can still cause difficulty for workers, including restricting the ability to travel or transfer to their next H-2B employer until the petition is approved.  Therefore, we at Pabian Law continue to do everything we can to move petitions and RFE responses forward quickly to mitigate the impacts of these new biometrics RFEs.

The use of artificial intelligence (AI) and automation in government visa application processing

As the world increasingly turns toward AI, government agencies are no exception.  Across the federal government, agencies are exploring and implementing AI technologies to improve efficiency, process large volumes of information, and reduce administrative burdens.  Agencies involved in immigration, such as the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), as well as U.S. consulates and embassies abroad, are similarly incorporating AI into various aspects of case processing.  Although these developments may improve efficiency and reduce processing times, they also raise important questions regarding accuracy and transparency.

AI as a tool, not the decision-maker – but still influential

To be clear, agencies are not replacing human adjudicators with AI.  Rather, AI and other automation procedures are being used to assist personnel with certain aspects of case processing.  These tools can help classify evidence, analyze documents, identify patterns, gather information, route cases, and perform other administrative functions that traditionally required significant amounts of officer time.

However, the fact that AI is not making the final decision does not eliminate the possibility of negative consequences.  The information AI aggregates and presents to the officer can influence how the officer evaluates a case, and an error at an earlier stage in the process can potentially carry through to the final adjudication.  This is dangerous, as AI can significantly shape the outcome of the officer’s decision whether to accept or deny an application.

Real world example – the very important Prevailing Wage Determination (PWD)

We have seen some of these AI impacts firsthand in the H-2B visa context with PWDs issued by the DOL.  For employers, the Standard Occupational Classification (SOC) code assigned to an H-2B job is very important because it directly affects the prevailing wage that an employer must pay at a minimum.  Consequently, an incorrect SOC code can have a significant financial impact on an employer.

Recently, we have observed an increasing number of PWD applications receiving seemingly nonsensical SOC codes.  Certain words or phrases in the job description appear to trigger SOC codes that do not accurately reflect the job.  This raises concerns with the DOL’s overreliance on its automated systems and whether they are only focusing on keywords without adequately considering the overall nature of the position.

For example, Housekeeper is a very common H-2B visa position.  However, we have seen instances in which duties such as performing “minor maintenance” (such as cleaning an HVAC filter or changing a lightbulb) appear to trigger the higher-level “Maintenance and Repair Workers” or “Janitors and Cleaners” SOC codes.  Similarly, for Food & Beverage positions, we have seen a “setting up and breaking down event spaces” duty trigger the “Laborers and Freight, Stock, and Material Movers” code, which may come with a much higher wage in certain states.

These incidental duties do not necessarily change the fundamental nature of the position. A Housekeeper, for example, may occasionally perform minor maintenance as part of the normal responsibilities of the job. Nevertheless, an automated classification system may give significant weight to those individual duties or “keywords,” potentially resulting in a classification and wage that do not reflect the position as a whole.

For employers, the consequences can be significant. An unexpectedly high prevailing wage can substantially increase the cost of employing workers and, in some cases, create a major obstacle to moving forward with an H-2B filing. This can be particularly frustrating when the employer has accurately described the position and has a legitimate need for seasonal workers.

AI and U.S. consular visa adjudications

AI is also playing an increasing role in visa processing at U.S. Embassies and Consulates abroad. According to an article published by the American Immigration Lawyers Association (AILA), the U.S. Department of State has confirmed its intention to expand the use of AI across consular functions.

According to AILA, State Department currently uses AI tools for functions including:

• News and media analysis and aggregation
• Research and document drafting
• Translation and document summarization
• Workflow automation and case routing
• Data aggregation across systems

AILA has also raised concerns about potential or expanded uses of AI for functions such as social media vetting, risk flagging, pattern detection, and fraud detection.

The increased use of AI in consular processing could create additional concerns regarding transparency, delays, inconsistent decisions, and discrepancies between information contained in an applicant’s immigration filings and information available from other sources.

As with DOL and USCIS processing, AI is unlikely to replace consular officers. However, it may increasingly influence the information those officers review and the way they evaluate visa applications.

Conclusion – the future of AI in immigration adjudications

In conclusion, although the use of AI may have improved case processing speeds and efficiency, it is still an imperfect system that has dangerous consequences for adjudications.  Lobbying efforts are ongoing to increase agency transparency within these adjudications, but it remains to be seen whether or how quickly these issues will be corrected.  Employers should understand that the use of AI and automation will likely continue to increase.  While we hope these systems become more accurate and transparent over time, we do not expect the types of nonsensical errors we have seen to go away completely.

For employers, the best defense is to ensure that every immigration filing is complete, accurate, consistent, and supported by comprehensive evidence.  As always, Pabian Law will strive to meet these standards to minimize the impacts that AI errors can have on H-2B applications.

Consolidation of U.S. Consulates in Africa: Longer Visa Wait Times Expected

On August 1, 2026, the U.S. Department of State ended routine visa processing at 25 consular posts in Africa, mandating that all visa applications be processed through 20 “regional hubs.”  This realignment has already increased processing times for nonimmigrant visas, including H-2B visas, across Africa.  Affected posts will continue to function in a limited capacity, but applicants in those countries must now schedule visa appointments at their designated regional hub. The Department’s stated rationale is to promote more uniform screening, vetting, and adjudication standards and to improve efficiency. The full announcement, including the list of affected posts and designated hubs, is available here.

Impact on South Africa and H-2B Employers

We are already seeing the impacts of these changes, especially in South Africa. With many hubs in Southern African countries closing their visa service centers, Johannesburg and Cape Town (both designated hubs) are absorbing a large applicant volume from neighboring countries whose posts were realigned.

Some organizations have reported that the earliest available appointments in Johannesburg and Cape Town are three or four months out. For H-2B employers with October 1st start dates, this creates a real risk that beneficiaries will not arrive by their start date.

What Employers Should Do Now

At this time, we recommend having your workers book the earliest available appointment. Individuals can then monitor the South African consulate website for potential earlier dates, as new appointments are typically made available on Thursdays. There is currently no mechanism to guarantee earlier scheduling.  Although South Africa provides a system for requesting an emergency expedite, these are typically reserved for genuine emergencies.  Therefore, while it does not hurt to request an expedite, we have not yet found this to be a good solution.  However, if you are a Pabian Law client, please reach out if you are experiencing significant backlogs in Africa, and we would be happy to discuss the situation further.

For the time being, we recommend that organizations direct beneficiaries in African countries to schedule consular appointments immediately upon petition approval, continue checking for earlier appointments, and build delays into your planning for the upcoming season.

Possibility of a future transition to mandatory online filing for H-2B visa petitions

On August 11, 2026, the U.S. Department of Homeland Security (DHS) published a new interim final rule that provided U.S. Citizenship and Immigration Services (USCIS) with authority to mandate electronic filing for certain immigration benefits.  Specifically, USCIS can designate a specific petition type (including H-2B petitions) for mandatory e-filing if (1) the designated form has been available for e-filing for at least 180 days; and (2) USCIS provides at least 60 days’ advance notice.

Currently, all H-2B visa petitions are submitted through paper filings and physical payment forms sent by overnight mail.  Therefore, a transition to e-filing would mark a significant shift in procedures.  On the positive side, this could result in faster processing times and less risk of petitions being lost in the mail or incorrectly rejected in the USCIS mailroom.  It could also reduce the occurrence of Requests for Evidence (RFEs) from USCIS, due to digital, pre-filing form verifications.

However, it could also come with significant initial challenges as USCIS works through the new online filing system in real time.  Additionally, depending on filing procedures if or when this is implemented, we may need to ask clients for quick turnarounds to verify certain information during filing periods and verification codes immediately prior to submitting the petitions.

Importantly, so much about this is entirely unknown in terms of timing, procedures, and other details.  Although USCIS could roll this out as soon as 2027, we would not be surprised if implementation takes considerably longer.  We will continue monitoring this potential change, and we will keep our clients updated as soon as we learn of any developments.

Recap of the 2026 Pabian Law-Seasonal Connect Staffing Summit and Save the Date for 2027

The 2026 Staffing Summit was a huge success! Over 175 seasonal hospitality professionals from across the country joined us in Portland, Maine, for three days of education, networking, collaboration, and fun.  Attendees participated in insightful educational sessions, thought-provoking roundtables, Employer Speed Networking, a sunset boat cruise, and countless opportunities to exchange ideas and build relationships with fellow attendees.  So many opposite-season connections were made for recruiting and collaborate purposes that will aid employers for years to come.

The feedback from this year’s Summit was overwhelmingly positive! Attendees gave the event an average rating of 9 out of 10, with more than 9 in 10 rating their overall experience an 8 or higher.  Even better, 90% said they are likely to join us again next year!  Networking remained one of the most valued aspects of the Summit, with 80% of attendees identifying networking opportunities among the activities they enjoyed most.

We are incredibly grateful to everyone who attended, presented, sponsored, and helped make this year’s Summit such a success.  Save the date for the 2027 Staffing Summit, September 13–15, 2027, in Nisswa, Minnesota!

Trivia Question Answer

Question: What three (3) industries are the biggest users of the H-2B program?

Answer:

1. Landscaping (almost 40% of all H-2B applications)
2. Recreation & entertainment (e.g., amusement parks, carnivals, ski resorts, country clubs, and other recreation facilities – around 15%)
3. Hospitality (hotels, resorts, and restaurants – around 14%)

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 matters.

Warm regards,

Keith Pabian and your friends at Pabian Law