In the new year, TCIA will be watching two policy developments closely: OSHA’s proposed workplace heat injury and illness rule and ongoing efforts to expand and reform the H-2B visa program. To better understand what may happen in 2026, TCIA has outlined the latest developments in the heat-safety and guest-worker visa-policy spaces below.

OSHA’s workplace heat rule
First published in August 2024 by the Biden administration, the proposed “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings” rule seeks to require employers to implement heat-injury-and-illness prevention plans, monitor workplace temperatures, take preventative measures to protect workers, establish emergency-response procedures and provide training to workers, among other requirements. A final rule would apply to employers under OSHA’s jurisdiction, with limited exceptions.

OSHA held an informal public hearing over the past summer to gather additional stakeholder input on the proposed rule. OSHA also provided a post-hearing comment period through October 30, 2025. Approximately 180 comments were filed during the post-hearing comment period. OSHA will now review the record and determine next steps – which could include moving toward a final rule, issuing a revised proposal for additional public input or taking no further action. While OSHA’s rule appears in the federal government’s Unified Regulatory Agenda (a semi-annual snapshot of agencies’ regulatory priorities and projected timelines), the most recent agenda entry did not include a target date for final action, leaving the timeline uncertain.

Congress has weighed in on OSHA’s authority to promulgate a heat rule, with two competing bills introduced this session. The Heat Workforce Standards Act of 2025 (H.R.6213), sponsored by Representative Mark Messmer (R-IN), aims to block the implementation of the proposed OSHA heat rule and prevent similar federal rulemaking in the future. The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025 (H.R.4443/S.2298), reintroduced by Representative Judy Chu (D-CA) and Senator Alex Padilla (D-CA), directs OSHA to promulgate mandatory federal heat-protection standards. Given the partisan divide in support for these bills, it is unlikely that either will be signed into law during this Congress.

Exemptions for H-2B supplemental visa advocacy & certified seasonal employers
Over the past few months, business groups and Congress have renewed calls for H-2B cap relief to address seasonal labor shortages. Advocacy efforts have focused on urging the release of supplemental visas for Fiscal Year 2026 (FY 2026) and creating a certified seasonal-employer cap exemption for H-2B visas.

In November 2025, House and Senate lawmakers sent letters to the Departments of Homeland Security (DHS) and Labor (DOL) urging the release of supplemental H-2B visas for FY 2026. The letters note that Congress has authorized supplemental H-2B cap relief since FY 2017, and the agencies have used that authority in subsequent years. For FY 2026, stakeholders are urging DHS and DOL to release all 64,716 supplemental H-2B visas.

Similarly, on December 2, TCIA joined the H-2B Workforce Coalition in requesting the departments to release the aforementioned supplemental visas. The letter points to a Government Accountability Office report demonstrating the positive impact of H-2B workers on local economies and U.S. workers.

In addition to the supplemental visas, Congress also is considering a certified seasonal-employer cap exemption in FY 2026 DHS appropriations legislation. This proposal would allow employers with a strong compliance record to obtain cap-exempt H-2B positions in an amount not exceeding the employer’s highest annual number of certified positions during the past five fiscal years. The House Appropriations Committee included the provision in its FY 2026 DHS appropriations bill, but the Senate has not yet introduced a counterpart measure. Advocacy efforts now focus on encouraging the Senate to include the exemption in its DHS appropriations bill so the provision can be considered for inclusion in final FY 2026 government funding legislation.

The Essential Workers for Economic Advancement Act
On September 18, 2025, Representative Lloyd Smucker (R-PA) reintroduced a bill (H.R. 5494) that would create a new temporary-worker visa category, the H-2C visa, to help fill year-round, nonagricultural positions in essential industries.

The H-2C visa would be valid for 36 months and renewable for up to two additional three-year terms. The program would offer 65,000 visas in its first year, then fluctuate between 45,000 and 85,000 annually based on demand and economic conditions. The application and sponsorship process would largely mirror the H-2B program.

The legislation sets restrictions on participation. Employers could only participate if their county or metropolitan area has an unemployment rate of 7.9% or lower, if positions remain unfilled for three consecutive months or open for 60 days within a 90-day period and if there was no ongoing strike, lockout or labor dispute. Employers would be required to use E-Verify.

Despite its bipartisan support, the fate of the H-2C visa remains uncertain. In the 118th Congress, the legislation did not advance out of Committee. Moreover, it is unclear whether the bill would receive enough bipartisan support in the Senate to bypass the 60-vote threshold typically needed to advance most legislation. Nonetheless, TCIA and nearly two-dozen national industry associations have endorsed the bill.

TCIA will continue to watch these policy developments in 2026.

Bailey Graves is a senior associate with Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.