WASHINGTON — The Department of Labor has introduced a new temporary rule that provides close to 65,000 additional H-2B visas aimed at aiding seasonal industries, with transportation specifically highlighted as a vital sector in need of support.
Typically, this would be welcomed news for motor carriers tackling peak load demands throughout the year; however, ambiguity remains due to the U.S. State Department’s ongoing freeze on commercial driver visas, leaving uncertain whether these new slots will actually translate into drivers on the roads.
On August 21 of last year, Secretary of State Marco Rubio announced via social media, “Effective immediately, we are suspending all issuance of worker visas for commercial truck drivers.” He mentioned that “The rising number of foreign drivers operating large tractor-trailer trucks on U.S. roads poses a danger to American lives and undermines the livelihoods of U.S. truckers.”
The increase in visa availability is partially justified by the need for American businesses, especially in sectors that rely heavily on critical infrastructure, to fulfill their late-season demands. The rule published in the Federal Register on Tuesday details this necessity, emphasizing its relevance as the country prepares for significant events like America’s 250th anniversary and the 2026 World Cup this summer.
The distribution of the visas will occur in three phases: 18,490 for winter needs (January – March), 27,736 for early spring (April), and another 18,490 for late-season requirements (May – September). The initial two phases are designated for drivers who had H-2B status in the fiscal years 2023, 2024, or 2025.
Carriers must satisfy a new “irreparable harm” criterion, affirming under penalty of perjury that they’ll face “permanent and severe financial loss” without these workers. Even if they clear that hurdle, companies hiring for seasonal positions will deal with increased regulatory scrutiny and enforcement.
In light of several severe accidents in 2025, any fleet that successfully navigates the H-2B lottery can anticipate rigorous “on-the-spot” English proficiency tests during roadside inspections, coupled with close examination of their non-domiciled CDL records. Furthermore, companies must keep comprehensive written records and proof of irreparable harm for three years to be prepared for potential audits from the DOL and the Department of Homeland Security.
