Major immigration enforcement actions are hitting employers and workers hard right now. USCIS reached the H-2B statutory cap for the second half of fiscal year 2026 on March 10, 2026, while federal courts have temporarily blocked TPS terminations for Burma, Ethiopia, Haiti, Somalia, South Sudan and Syria. What does this mean for your business? You’re facing urgent compliance deadlines and shrinking options for temporary work authorization.
Understanding the H-2B Cap Crisis and TPS Termination Wave
The H-2B program lets U.S. employers hire foreign workers for seasonal, non-agricultural jobs when you can’t find domestic workers. There’s an annual cap of 66,000 visas — 33,000 for the first half of the fiscal year (October 1–March 31) and 33,000 for the second half (April 1–September 30). March 10, 2026 was your last chance to file new H-2B petitions for employment starting April 1, 2026 or later.
At the same time, the Trump administration is aggressively terminating Temporary Protected Status for multiple countries. The Supreme Court will hear TPS termination arguments for Haiti and Syria in April 2026 and should decide by early July. Somalia’s TPS termination affects about 1,100 Somali nationals, while Burma’s impacts roughly 3,670-4,000 people.
However, federal courts have provided temporary relief. A Massachusetts judge issued an order staying the Somalia TPS termination on March 13, 2026, while the Northern District of Illinois postponed Burma’s TPS termination on January 23, 2026.
How This Affects Employers and Workers
For employers in hospitality, landscaping, seafood processing, and other seasonal industries, the H-2B cap closure creates immediate staffing challenges. USCIS will reject any new H-2B petitions received after March 10, 2026 requesting start dates between April 1 and October 1, 2026. However, employers can still access 64,716 supplemental H-2B visas available for fiscal year 2026.
The supplemental visas are divided into specific allocations: 27,736 supplemental visas for returning workers with April 1-30, 2026 start dates, and 18,490 visas for May 1-September 30 start dates, open to all eligible workers including first-time H-2B participants.
TPS beneficiaries face different challenges. Those from affected countries must navigate complex court orders and automatic Employment Authorization Document (EAD) extensions. Court stays preserve TPS protections and work authorization for Burmese, Ethiopian, Haitian, Somalian, South Sudanese, and Syrian TPS holders while litigation continues. Employers must update Form I-9s with specific notations and use extended expiration dates for E-Verify compliance.
What You Should Do Now
For H-2B Employers: If you missed the regular cap, immediately assess eligibility for supplemental allocations. Returning workers are individuals who held H-2B status in fiscal years 2023, 2024, or 2025 – no other visa classification qualifies. Participation requires attesting that your business will suffer irreparable harm without H-2B workers.
For TPS Beneficiaries: Continue working with valid EADs while court orders remain in effect. Monitor USCIS guidance closely, as Supreme Court proceedings could produce rapid changes. Do not resign or accept termination based on original expiration dates – work authorization remains valid through court-ordered dates, and early termination can trigger discrimination claims.
For All Affected Parties: Document everything carefully. Save and attach USCIS and E-Verify alerts to I-9 files for audit readiness. Consider alternative immigration strategies, as these temporary protections may not be renewed.
Why Choose Tez Law P.C.
At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) provides comprehensive immigration services to clients throughout the United States. Our West Covina-based firm understands the complexities of H-2B petitions, TPS applications, and employment-based immigration strategies.
We help employers navigate supplemental H-2B allocations, ensure I-9 compliance during TPS transitions, and develop long-term immigration solutions for your workforce. Our experience with federal litigation and agency guidance changes means we can anticipate developments and protect your interests proactively.
Don’t let immigration compliance issues jeopardize your business operations or employment status. Our team provides practical solutions tailored to your specific situation, whether you’re an employer facing seasonal labor shortages or a foreign national navigating changing immigration policies.
Frequently Asked Questions
Can I still file an H-2B petition after March 10, 2026?
Regular cap-subject petitions will be rejected, but you may qualify for supplemental allocations. The second allocation for returning workers (April start dates) and third allocation for all workers (May-September start dates) remain available, though spaces are limited and filing windows are specific.
What happens to my TPS if the Supreme Court rules against Haiti and Syria?
The Supreme Court decision expected by early July 2026 could affect TPS for multiple countries, not just Haiti and Syria. However, current court orders preserve protections while litigation continues. We recommend consulting with immigration counsel to explore alternative status options.
Do I need to reverify employees whose TPS EADs show expired dates?
No, do not reverify if court orders extend validity beyond the printed expiration date. Update Form I-9 Section 2 with the court-ordered expiration date and add “as per Court Order” notation. Use the extended date for E-Verify compliance and attach USCIS guidance to employee files.
The intersection of H-2B cap constraints and TPS terminations creates unprecedented challenges for employers and foreign workers in 2026. Time-sensitive deadlines and rapidly changing court orders demand immediate action and expert guidance. Contact Tez Law P.C. today for a free consultation to protect your immigration interests and ensure compliance with federal requirements. Our experienced team is ready to help you navigate these complex immigration developments and secure the best possible outcome for your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.