• The House passed a Department of Homeland Security funding bill containing provisions that could significantly expand temporary foreign worker programs
• DHS granted authority to double H-2B visas from 66,000 to 132,000 annually for low-wage positions in hospitality, landscaping and construction
• Vote split largely along party lines with 213 Republicans and seven Democrats supporting the measure

WASHINGTON, DC (TDR) — The House of Representatives passed the Department of Homeland Security Appropriations Act, 2026 on January 22, 2026, by a vote of 220-207, advancing legislation that grants the Secretary of Homeland Security authority to substantially increase H-2B temporary worker visas for low-wage positions across multiple industries.

The bill, designated as H.R. 7147, maintains a provision allowing DHS to double the annual cap on H-2B visas from 66,000 to approximately 132,000 per fiscal year. The temporary nonagricultural worker program primarily serves industries including hospitality, landscaping, construction, seafood processing, and tourism.

Authority Granted Despite Reduced Implementation

While the legislation grants DHS broad discretionary authority to issue supplemental visas, the Department of Labor and DHS announced in late December 2025 that they would release only 35,000 additional H-2B visas for fiscal year 2026—approximately half of the maximum permitted under the appropriations rider.

“The Departments will focus these additional H-2B visas, nearly a 50 percent reduction in the total supplemental visas released as compared to FY 2023-2025, to support American businesses with seasonal or temporary workforce needs in critical infrastructure sectors of the U.S. economy, such as seafood, forestry, hospitality and tourism, transportation, and manufacturing.”

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The Immigration Accountability Project noted that more problematic amendments were removed from earlier versions of the bill before final passage. Initial committee markups had proposed increasing H-2B visas to more than 238,000 annually and adding dairy workers to the unlimited H-2A agricultural visa program.

Congressional Vote and Political Divide

The measure passed with overwhelming Republican support, as 213 GOP members voted in favor while only one Republican opposed. Seven Democrats crossed party lines to support the DHS appropriations bill, while 206 Democrats voted against it.

House Speaker Mike Johnson shepherded the legislation through the chamber as part of completing all twelve fiscal year 2026 appropriations bills. House Appropriations Committee Chairman Tom Cole characterized the package as replacing “Biden-era spending with disciplined, Republican-led funding that puts America First.”

“Today, we’ve invested in strengthening our national defense, making our homeland safer, supporting education and health systems, and modernizing our transportation and infrastructure. Republicans set clear goals at the outset: reduce spending, lock in DOGE-driven cuts and reforms, and replace Biden-era provisions with policies that put America First.”

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Democratic opposition centered primarily on Immigration and Customs Enforcement funding levels and enforcement practices rather than the H-2B visa provisions specifically. House Minority Leader Hakeem Jeffries stated that “ICE is totally out of control, using taxpayer dollars to brutalize American citizens and law-abiding immigrant families.”

Labor Market Concerns and Industry Perspectives

The H-2B visa program has operated under a congressionally mandated cap of 66,000 visas annually for nearly three decades. Since fiscal year 2017, Congress has consistently granted the executive branch discretionary authority to roughly double available visas through appropriations riders.

Labor economists and worker advocacy groups have raised concerns about the program’s impact on American wages and working conditions. According to analysis by the Economic Policy Institute, average hourly wages for H-2B workers are nearly 25% lower than national averages for identical occupations.

“The biggest wage differential was found in the forest and conservation workers occupation: The national average hourly wage was $5.08 higher than the average wage certified for H-2B workers. The next biggest difference was for cement masons and concrete finishers, where the national average wage was $4.88 higher than the average wage certified for H-2B workers.”

In the landscaping industry, which accounts for approximately 40% of all H-2B positions, certified wages average $2.11 per hour less than the national average for the same work—representing an 11% wage gap. The Economic Policy Institute documented that employers in major H-2B industries have been assessed nearly $167.6 million in civil money penalties for violations between 2000 and 2024.

Industry representatives present a contrasting perspective, arguing that labor shortages in seasonal industries necessitate the program. Immigration attorneys note that the extensive regulatory requirements and costs make H-2B visas a last resort rather than a preferred hiring strategy.

“It’s always the last resort. The companies that are using it are using it because there is truly no better option,” according to immigration law practitioners familiar with the program’s demanding certification process.

The Department of Homeland Security defended the appropriations package in a Statement of Administration Policy, noting that it “supports President Trump’s successful border security agenda, which has led to” record low border encounters in the first quarter of fiscal year 2026.

Methodology and Wage Setting Concerns

The H-2B program requires employers to demonstrate that U.S. workers are unavailable before receiving certification from the Department of Labor. However, critics point to systemic issues with the recruitment process, including inadequate advertising, excessive job requirements, and wage rates set below market levels.

“If you don’t want to raise your wages to $15 an hour to attract workers, then the H-2B program is one option,” according to labor market analysts examining employer incentives within the program structure.

The legislation now advances to the Senate for consideration as part of the broader fiscal year 2026 spending package. If enacted, the provision would continue the decade-long pattern of Congress granting DHS discretionary authority to expand temporary worker programs beyond statutory caps.

Will expanding low-wage temporary worker visas address legitimate labor shortages or undercut American workers’ wages and bargaining power?

Sources

This report was compiled using information from the House Appropriations Committee’s press release on H.R. 7147, official statements by the Department of Labor and DHS on supplemental H-2B visas, reporting by NPR, CBS News, and Construction Dive, analysis from the Economic Policy Institute on H-2B wage impacts and program expansion estimates, coverage by the Immigration Accountability Project, the Niskanen Center’s analysis of H-2 visa impacts, information from Congress.gov on H.R. 7147 and Speaker Mike Johnson’s voting record, and the White House Statement of Administration Policy.

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