The H-2B visa lets U.S. employers hire foreign workers for temporary, non-agricultural jobs when there aren’t enough qualified American workers to fill them. Congress caps the program at 66,000 visas each fiscal year, though supplemental allocations often push the real number higher. Getting a worker in the door takes months, runs through three federal agencies, and locks the employer into wage, hour, and cost obligations that continue long after the worker arrives.
What Counts as a Temporary Need
An employer can only use the H-2B program if the job need fits one of four categories in federal immigration law, and the employer carries the burden of proving it.
- A one-time occurrence: the employer has never needed this type of worker before and won’t need them again. A company building out a new facility that requires extra labor for a defined project is the classic example.
- A seasonal need: work tied to a specific time of year by a recurring pattern, like landscaping in spring and summer or ski resort staff in winter.
- A peak-load need: the employer has a permanent workforce but needs extra hands during high-demand periods.
- An intermittent need: the employer occasionally needs temporary workers for a role it doesn’t fill with permanent staff.
The job itself must be non-agricultural and located in the United States. The employer must also show that hiring foreign workers won’t hurt the wages or working conditions of similarly employed U.S. workers.1U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
Who Can Come as an H-2B Worker
Foreign nationals must be citizens of a country that the Department of Homeland Security has designated as eligible for the H-2B program. DHS publishes this list in the Federal Register roughly once a year, in consultation with the Department of State. The most recent list took effect on November 8, 2024, and runs through November 7, 2025. Countries can be removed at any time if their nationals show high overstay rates or patterns of fraud.2U.S. Citizenship and Immigration Services. DHS Announces Countries Eligible for H-2A and H-2B Visa Programs
Workers also have to show they intend to return home when the authorized stay ends. Consular officers judge that during the visa interview by looking at ties to the home country such as a residence, family, or other obligations that make return credible.
How an H-2B Petition Moves Through the Government
The process runs through three agencies in sequence: the Department of Labor, USCIS, and the Department of State. Most employers start at least five to six months before they need workers, because each stage has its own processing time and the annual cap can fill quickly.
Prevailing Wage Determination
Everything begins with a prevailing wage request. The employer submits Form ETA-9141 to the National Prevailing Wage Center, which sets the minimum hourly rate the employer must pay based on the job classification and geographic area.3U.S. Department of Labor. Fact Sheet 78C – Wage Requirements Under the H-2B Program The rate varies widely by occupation and location. DOL recommends submitting this request at least 60 days before you need the determination.4Flag.dol.gov. Processing Times
Temporary Labor Certification
With the prevailing wage in hand, the employer files Form ETA-9142B through the Department of Labor’s electronic FLAG system. This application must be filed no more than 90 calendar days and no fewer than 75 calendar days before the employer’s date of need.5eCFR. 20 CFR Part 655 Subpart A – Labor Certification Process for Temporary Employment in the United States The form details the job duties, duration of the temporary need, wages offered, and the number of workers requested.
After filing, the employer must run a round of recruitment to prove no qualified U.S. workers are available. That includes placing a job order with the State Workforce Agency and running advertisements. The employer must accept and hire any qualified U.S. applicants, and can only reject them for legitimate, job-related reasons.6U.S. Department of Labor. Fact Sheet 78B – Recruiting Requirements Under the H-2B Program A recruitment report documenting every U.S. applicant contacted, the outcome, and reasons for any rejection must accompany the application.
I-129 Petition With USCIS
After DOL certifies the application, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with the appropriate USCIS service center, along with a printed copy of the DOL’s electronic final determination.1U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
Fees have changed significantly in recent years. On top of the base I-129 filing fee, employers pay a $150 fraud detection and prevention fee for each H-2B petition. Most employers also owe an Asylum Program Fee of $600, though small employers pay $300 and nonprofits are exempt.7eCFR. 8 CFR Part 106 – USCIS Fee Schedule Check the current USCIS fee schedule for the base filing amount, since it is periodically updated. None of these government fees may be passed along to the worker.
Consular Processing
Once USCIS approves the I-129 petition, the worker applies for the actual visa at a U.S. embassy or consulate abroad. The nonimmigrant visa application fee for petition-based categories like H-2B is $205.8U.S. Department of State. Fees for Visa Services A consular officer interviews the worker to confirm qualifications and intent to return. If approved, the visa is placed in the passport, and Customs and Border Protection makes the final admission decision at the port of entry.
The Annual Cap and the Lottery
Congress set the statutory cap at 66,000 visas per fiscal year, split in half: 33,000 for workers starting between October 1 and March 31, and 33,000 for those starting between April 1 and September 30.9U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants These allocations fill fast. When USCIS receives more petitions than available slots during the initial filing window, it runs a random lottery to pick which petitions move forward. For the second half of fiscal year 2026, that lottery took place on February 13, 2026, after petitions flooded in during the first five business days of filing.10U.S. Citizenship and Immigration Services. Temporary Increase in H-2B Nonimmigrant Visas for FY 2026
Because demand consistently outstrips the base cap, DHS and DOL frequently authorize supplemental visas. For fiscal year 2026, the agencies made up to 64,716 additional visas available for returning workers employed by businesses that could show irreparable harm without the labor.11U.S. Citizenship and Immigration Services. Cap Reached for Second Allocation of Returning Worker H-2B Visas for Fiscal Year 2026 Supplemental allocations are not guaranteed from year to year, and each allocation tends to fill within weeks or even days.
Some workers don’t count against the cap at all. Workers already in H-2B status who are extending their stay or changing employers are exempt, as are workers already counted the same fiscal year who appear on a new petition. Fish roe processors and technicians, and workers in the Commonwealth of the Northern Mariana Islands or Guam, are exempt through December 31, 2029. Spouses and children in H-4 dependent status also don’t count.9U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants
What Employers Must Do After Workers Arrive
Getting the visa approved is only part of the compliance picture. Federal rules impose ongoing obligations throughout the period of employment, and the Department of Labor actively monitors compliance.
The Three-Fourths Guarantee
Every H-2B employer must guarantee work hours equal to at least 75 percent of the workdays in the contract period. For jobs lasting 120 days or more, that’s measured in 12-week blocks. For shorter jobs, it’s measured in 6-week blocks. If an employer falls short, they must pay the worker what they would have earned had the guaranteed hours been offered. Offering work on enough days isn’t enough if each workday contains fewer hours than the job order specified.12eCFR. 20 CFR 655.20 – Assurances and Obligations of H-2B Employers
Transportation, Subsistence, and Prohibited Fees
Employers must cover inbound transportation and daily subsistence for workers traveling to the job site once the worker completes at least 50 percent of the contract period. If the worker finishes the full contract or is dismissed early for any reason, the employer also pays for return transportation. When the employer doesn’t arrange travel directly, reimbursement must cover at least the most economical and reasonable cost. Daily subsistence for traveling workers ranges from a minimum of $16.28 to a maximum of $68.00 per day, with the higher amount requiring documentation of actual expenses.13Flag.dol.gov. H-2A Meals and H-2A and H-2B Subsistence Rates
Employers and their agents are prohibited from charging workers for any expenses tied to obtaining the labor certification, including attorney fees, petition filing fees, and recruitment costs. These charges cannot be shifted through wage deductions, kickbacks, or requiring unpaid labor.14U.S. Department of Labor. Fact Sheet – Deductions and Prohibited Fees Under the H-2B Program Employers must also provide all tools, supplies, and equipment needed to perform the job at no cost to the worker.
Wages
Employers must pay at least the prevailing wage set by DOL for the specific occupation and area of employment. That rate is locked in through the prevailing wage determination issued before the labor certification application is filed. The employer cannot pay less, and any deductions that push effective pay below the prevailing wage violate program rules.3U.S. Department of Labor. Fact Sheet 78C – Wage Requirements Under the H-2B Program
How Long Workers Can Stay and Whether They Can Switch Employers
An H-2B worker’s authorized stay matches the period on the approved labor certification, which is typically one year or less. If the employer’s temporary need continues, USCIS can grant extensions in increments of up to one year. The absolute maximum stay is three years. After hitting that ceiling, the worker must leave the United States and spend at least three consecutive months abroad before becoming eligible for a new H-2B visa.1U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
H-2B workers can change employers without leaving the country. Under the portability rule, a worker in valid H-2B status may begin working for a new employer as soon as USCIS receives the new I-129 petition, without waiting for approval. This initial work authorization lasts up to 60 days from the petition receipt date or the employment start date, whichever is later. If USCIS denies or the petitioner withdraws the new petition before that 60-day window expires, the worker’s authorization to work for the new employer ends 15 days later.15eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
What Happens If Employers Break the Rules
Employers who cut corners can be shut out of the program. DOL can debar an employer for one to five years for willfully misrepresenting material facts on any H-2B application or for substantially failing to meet the terms of the labor certification. “Substantially” here means a willful deviation significant enough that DOL takes notice. Factors influencing severity include the number of workers affected, the employer’s violation history, the financial gain involved, and whether U.S. workers were harmed.16eCFR. 20 CFR 655.73 – Debarment
Attorneys and agents who participate in violations can also be debarred. When that happens, DOL won’t certify future applications from any employer that agent or attorney represents. Since many employers rely on the same immigration attorney year after year, a single agent’s debarment can ripple across dozens of businesses.