WASHINGTON — A new temporary rule issued by the Department of Labor has unlocked nearly 65,000 supplemental H-2B visas to help seasonal industries – explicitly naming transportation as a critical sector eligible for relief.
But while this normally would be good news for motor carriers that struggle to meet peak load demand during the year, the U.S. State Department’s current freeze on commercial driver visas makes it unclear if any of the extra slots will result in a driver behind the wheel.
“Effective immediately we are pausing all issuance of worker visas for commercial truck drivers,” Secretary of State Marco Rubio posted on his social media account on August 21 last year.
“The increasing number of foreign drivers operating large tractor-trailer trucks on U.S. roads is endangering American lives and undercutting the livelihoods of American truckers.”
The decision to increase the number of visas “is based, in part, on the conclusion that some American businesses, including those with late-season needs, particularly those who support the critical infrastructure sectors of the U.S. economy, may not be able to meet their business needs,” according to the rule, published in the Federal Register on Tuesday.
“These businesses include, but are not limited to, American businesses that support our manufacturing, food supply, hospitality and tourism, forestry, and transportation, particularly as the United States readies itself for celebrating America’s 250th anniversary and hosts the World Cup 2026 this summer.”
The visas will be released in three tranches: 18,490 for winter starts (January – March), 27,736 for early spring (April), and 18,490 for late-season needs (May – September). The first two tranches are reserved for drivers who held H-2B status in FY 2023, 2024, or 2025.
To tap into this pool, carriers must meet a new “irreparable harm” standard, attesting under penalty of perjury that they face “permanent and severe financial loss” without these workers. If that hurdle can be cleared, carriers looking to hire drivers for seasonal work would still face intensified enforcement.
Following a series of high-profile fatal crashes in 2025, any fleet successful in the H-2B lottery should expect “on-the-spot” English-proficiency testing at roadside inspections and heightened scrutiny of their non-domiciled CDL records.
Carriers must also maintain “detailed written statements” and evidence of irreparable harm for three years to be ready for random audits by DOL and the Department of Homeland Security.
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