The H-2B visa is a temporary work visa that lets U.S. employers hire foreign nationals for seasonal or short-term non-agricultural jobs when there aren’t enough American workers available to fill them. Congress caps the program at 66,000 visas each fiscal year, and the government often authorizes tens of thousands more on top of that. Landscaping, hospitality, seafood processing, and forestry account for most H-2B hiring, and the filing windows tend to close within days of opening.
How the Annual Cap Works
The statutory cap is 66,000 visas per fiscal year, split evenly: 33,000 for workers with start dates between October 1 and March 31, and another 33,000 for start dates between April 1 and September 30. Unused visas from the first half roll into the second half, but nothing carries into the next fiscal year.1U.S. Citizenship and Immigration Services. Cap Count for H-2B Nonimmigrants
Because demand routinely runs past the base cap, the Department of Homeland Security often issues a temporary final rule authorizing supplemental visas. For fiscal year 2026, DHS made up to 64,716 additional visas available on top of the 66,000. The supplemental slots are limited to employers that can attest they will suffer irreparable harm without the requested workers.2U.S. Citizenship and Immigration Services. Cap Reached for Second Allocation of Returning Worker H-2B Visas Even with those extra visas, both halves of the FY 2026 cap filled quickly. Miss a window and you generally wait until the next half-year cycle.
Which Employers Qualify
An employer has to show its need for workers is genuinely temporary and fits one of four categories in federal regulation:3eCFR. 20 CFR Part 655 Subpart A – Labor Certification Process for Temporary Non-Agricultural Employment in the United States (H-2B Workers)
- One-time occurrence: the employer has never needed workers for this role before and won’t again, or a temporary event has created a short-lived need inside an otherwise permanent operation.
- Seasonal need: the work is tied to a recurring event or pattern, and the employer can identify months when the work isn’t needed. Year-round operations don’t qualify.
- Peak-load need: the employer has permanent staff but temporarily needs extra hands for a short-term spike. The extras can’t become part of the regular workforce.
- Intermittent need: the employer doesn’t keep permanent workers for the role but occasionally needs short-term help.
The job has to be non-agricultural, and the employer must demonstrate that not enough U.S. workers are able, willing, and qualified to fill the positions. That showing runs through a formal recruitment process designed to confirm hiring foreign workers won’t undercut wages or conditions for Americans in similar roles.4U.S. Citizenship and Immigration Services. H-2B Temporary Non-Agricultural Workers
Which Workers Qualify
Workers generally have to be nationals of countries DHS has designated as eligible. The list is updated roughly once a year, and the most recent version, effective through November 7, 2025, includes about 90 countries across Latin America, the Caribbean, Europe, the Pacific Islands, and parts of Asia and Africa. Mexico, Jamaica, Guatemala, Honduras, El Salvador, the Philippines, and the United Kingdom are among the most common sending countries.5U.S. Citizenship and Immigration Services. DHS Announces Countries Eligible for H-2A and H-2B Visa Programs
USCIS can approve petitions for workers from non-listed countries on a case-by-case basis if it’s determined to be in the U.S. interest. Check the current list on the USCIS site before starting, since designations change.
The Application Process
Prevailing Wage and Labor Certification
The employer starts by requesting a prevailing wage determination from the Department of Labor on Form ETA-9141. This sets the minimum hourly rate so local wage standards aren’t undercut.6U.S. Department of Labor. Application for Prevailing Wage Determination Form ETA-9141 Once that comes back, the employer files Form ETA-9142B to apply for a temporary labor certification, including a detailed job order covering duties, location, hours, and pay. DOL uses that filing to confirm the employer made a real effort to recruit domestically first.7U.S. Department of Labor. H-2B Temporary Non-agricultural Program
Petition, Fees, and Consular Interview
After the labor certification is approved, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.8U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker The petition carries a base filing fee plus an Asylum Program Fee that depends on company size: $600 for employers with more than 25 full-time equivalent employees, $300 for smaller employers, and nothing for nonprofits.9U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker Employers wanting a faster answer can add Form I-907 for premium processing, which guarantees an initial response within 15 business days for an additional $1,780.10U.S. Citizenship and Immigration Services. How Do I Request Premium Processing? Without it, wait times can run several months depending on caseloads.
Once USCIS approves the petition, the worker completes the DS-160 Online Nonimmigrant Visa Application through the State Department and schedules an interview at a U.S. embassy or consulate.11U.S. Department of State. Online Nonimmigrant Visa Application Bring a valid passport, evidence of ties to the home country, and documentation showing intent to return after the job ends. If the consular officer is satisfied, the visa is stamped in the passport, and Customs and Border Protection makes the final admission decision at the port of entry.
How Long a Worker Can Stay
The authorized stay matches the dates on the approved labor certification, which typically covers up to one year. If the temporary need continues, the employer can apply for extensions in increments of up to one year. The hard ceiling is three years of total H-2B time. Once a worker hits that limit, they must leave the United States for an uninterrupted period of at least 60 days before becoming eligible for a new H-2B stay. That 60-day absence resets the three-year clock.12eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
Time spent in H-2A (agricultural) status counts toward the same three-year maximum. A worker who spent a year in H-2A and two years in H-2B has reached the cap and must depart for at least 60 days.
Changing Employers
H-2B status is tied to a specific employer and a specific job. A worker who wants to move to a different employer can’t simply transfer the visa. The new employer has to run the full process from scratch: its own prevailing wage determination, its own temporary labor certification, and a new I-129 petition. Until that petition is approved, the worker has no authorization to start work for the second employer. Workers whose original job ends before a new petition clears can end up out of status.
Wages, Fees, and Worker Protections
The Wage Rate and the Three-Fourths Guarantee
Every H-2B employer must pay at least the prevailing wage set by DOL for the occupation and location, or the applicable federal, state, or local minimum wage, whichever is highest.13U.S. Department of Labor. Fact Sheet 78C: Wage Requirements under the H-2B Program Wages have to be paid free and clear, so the employer can’t take unauthorized deductions that push effective pay below the offered rate.14U.S. Department of Labor. Fact Sheet: General Requirements for Employers Participating in the H-2B Program
Federal regulation also requires a three-fourths guarantee: the employer must offer enough hours to equal at least three-fourths of the workdays in each 12-week period of the contract, or each 6-week period if the job order runs shorter than 120 days.15eCFR. 20 CFR 655.20 – Assurances and Obligations of H-2B Employers Since 2016, congressional appropriations riders have at times restricted DOL from spending funds to enforce this specific provision. The regulation stays on the books and still imposes a legal duty, but DOL’s ability to pursue violations has been intermittent.16U.S. Department of Labor. Job Hours and the Three-Fourths Guarantee under the H-2B Program
Transportation, Visa Fees, and Recruitment Costs
Employers must pay for or reimburse visa fees, border-crossing costs, and related expenses no later than the worker’s first workweek. Inbound transportation and daily subsistence during travel to the worksite must be covered once the worker completes 50 percent of the job order period.17U.S. Department of Labor. Fact Sheet 78F: Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees under the H-2B Program
Neither the employer nor its attorneys, agents, or recruiters may seek or accept any payment from a worker for activities related to obtaining the labor certification or the job. That covers application fees, petition fees, recruitment costs, and agent fees, and it reaches cash payments, wage deductions, kickbacks, and free labor. Employers also have to put this prohibition in writing in any contract with third-party recruiters.15eCFR. 20 CFR 655.20 – Assurances and Obligations of H-2B Employers Violations can lead to back-pay orders and debarment from the program.
Recordkeeping
Employers must keep all H-2B-related records for at least three years from the date of certification, including recruitment documents, payroll records showing hours offered and worked, and proof of transportation and subsistence reimbursements.18eCFR. 20 CFR 655.56 – Document Retention Requirements of H-2B Employers
Bringing Family Members
An H-2B worker’s spouse and unmarried children under 21 can apply for H-4 dependent visas to join the worker in the United States. H-4 status lets dependents live in the country for the duration of the worker’s authorized stay, but it doesn’t come with work authorization. Unlike certain H-1B dependent spouses who may qualify for employment permits, H-4 dependents of H-2B workers cannot legally work in the U.S.