Kuck Baxter Immigration’s 4 May newsletter confirmed that U.S. Citizenship and Immigration Services has already received enough petitions to exhaust the 27,736 additional H-2B visas that were released for returning workers with start dates between 1 and 30 April 2026. Employers who missed the second-allocation filing window, which closed 21 April, must now wait for the next supplemental batch or pivot to other visa strategies – a potential blow for landscaping, hospitality and seafood processors gearing up for the summer season. Separately, the Department of Homeland Security published an interim final rule that will, from 29 May 2026, require asylum applicants to pay an annual Asylum Application Fee (AAF) and a filing fee for Form I-589. Failure to pay within 30 days of notice will see the asylum application rejected, any related work-permit request denied, and – if the applicant lacks status – removal proceedings initiated. The rule also introduces a minimum $24 fee for replacing I-102 arrival-departure cards and tightens employment-authorisation validity for Temporary Protected Status holders. Businesses should take note because employees or contractors with pending asylum claims could suddenly lose work authorisation if they miss the new payment deadline.
![H-2B supplemental cap exhausted; DHS set to enforce new asylum-fee rule from 29 May]()
For organisations trying to stay ahead of these rapid-fire changes, VisaHQ can help streamline the process: its online platform (https://www.visahq.com/united-states/) offers real-time guidance on U.S. visa categories, automated deadline reminders and document-checklist tools, making it easier for HR teams and individual applicants to manage everything from H-2B petitions to the newly introduced Asylum Application Fee.
HR teams are advised to audit I-9 files for any staff whose Employment Authorisation Documents (EADs) are based on pending I-589s and to flag the new compliance risk. Seasonal-work employers who rely on H-2B labour, meanwhile, must decide whether to absorb overtime costs, stagger project timelines or consider J-1 and TN alternatives after the supplemental cap’s swift exhaustion. Immigration advocates argue that the asylum-fee framework will deter meritorious claims and push vulnerable applicants further underground. DHS counters that the fees cover processing costs and discourage frivolous filings. Public comments are open until 29 June 2026, but the agency says the penalties will take effect regardless, citing statutory mandates under the 2025 budget reconciliation act.
For organisations trying to stay ahead of these rapid-fire changes, VisaHQ can help streamline the process: its online platform (https://www.visahq.com/united-states/) offers real-time guidance on U.S. visa categories, automated deadline reminders and document-checklist tools, making it easier for HR teams and individual applicants to manage everything from H-2B petitions to the newly introduced Asylum Application Fee.
HR teams are advised to audit I-9 files for any staff whose Employment Authorisation Documents (EADs) are based on pending I-589s and to flag the new compliance risk. Seasonal-work employers who rely on H-2B labour, meanwhile, must decide whether to absorb overtime costs, stagger project timelines or consider J-1 and TN alternatives after the supplemental cap’s swift exhaustion. Immigration advocates argue that the asylum-fee framework will deter meritorious claims and push vulnerable applicants further underground. DHS counters that the fees cover processing costs and discourage frivolous filings. Public comments are open until 29 June 2026, but the agency says the penalties will take effect regardless, citing statutory mandates under the 2025 budget reconciliation act.
