Other Federal Agency Updates
Discussion
DHS and DOL Announce Limited Increase to H-2B Visas Issued in 2026
On January 30, 2026, the Department of Homeland Security (DHS) and DOL announced a temporary final rule increasing the cap on H-2B nonimmigrant visas for fiscal year 2026. The purpose of the temporary increase was to assist businesses that are “suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.” To qualify, employers were required to complete a self-attestation form confirming their urgent need. U.S. Citizenship and Immigration Services (USCIS) announced on February 6, 2026 that the increased cap allocation had already been reached.
EEOC Issued Guidance on ADA and Telework Accommodation Requests
On February 11, 2026, the Equal Employment Opportunity Commission (EEOC) issued FAQs from the Federal Sector about Telework Accommodations for Disabilities, using the Americans with Disabilities Act (ADA) and federal case law to explain how federal agencies should handle telework requests from employees with disabilities. Generally, agencies must consider telework as an accommodation when it is needed (1) to participate in the application process; (2) to perform the essential functions of their positions; and (3) to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities. This means that telework for convenience is not a required accommodation. Each case must be evaluated individually and employees are protected from retaliation for requesting accommodations. Although directed at federal agencies, this guidance provides additional insight into application of the ADA to telework accommodation requests.
FTC Officially Removes Non-Compete Rule from Federal Register
On February 12, 2026, the Federal Trade Commission (FTC) published a final action in the Federal Register to remove the Non-Compete Clause Rule (16 CFR Part 910) from the Code of Federal Regulations. While this action is largely procedural, it formally closes out the FTC’s rulemaking pursuits of a nationwide noncompete ban and aligns the federal regulatory text with the litigation outcomes that blocked the rule in 2024 and 2025. This formal removal reflects the FTC’s broader shift toward individual, case-by-case enforcement, instead of a categorical nationwide ban.
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