Summer-season H-2B visa update: DOL moves to May 15th Start Dates

Dear Pabian Law Summer-Season Clients,

I hope all is well. Today, the U.S. Department of Labor (DOL) completed processing of all remaining early-May cases and moved on to May 15^th start dates.  The DOL is one month behind last year’s processing times.

What this means:

1. The DOL is exactly one month (31 days) behind last year’s processing times.  These delays have unfortunately caused 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.
   1. This chart is based on 2025 processing times, and therefore, we recommend adding four (4) 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).
2. Please see the linked Client Alert for more details about supplemental visas (cap relief) (linked). This is also covered in the first attachment (the start date chart).
   1. We are no longer able to file supplemental cap petitions for positions with April start dates.  However, supplemental cap petitions for May 1^st (and later) start dates can be filed as soon as we receive the final certification from the DOL (typically around three (3) weeks after receiving a Notice of Acceptance (NOA)).
   2. If you have already informed us that you would like to file a supplemental cap petition for a position with a May 1^st (or later) start date, we will reach out soon (if we have not already) with next steps, including an attestation for you to sign.
   3. If you are interested in filing a supplemental cap petition for a position with a May 1^st (or later) start date and have not already confirmed with us, please let us know as soon as possible.
3. 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:
   1. “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%
      1. The webinar outlines DOL delays, cap relief, and recruiting strategies.
   2. “H-2B Visa Cap Relief (2026).”  You can watch the recording online at: https://us06web.zoom.us/rec/share/BSp3S1nUJEwCP7r98dDQE2F3B81juTYNMBPkG0H-E2DkuZy8mNUPraAx8vgoqbgS.UgVg1GNjl3fz4401. Passcode: ^G42SWIk
4. 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