H-2B Visa: Requirements, Process, and the Record FY2026 Cap Increase

The H-2B visa is a U.S. work visa that allows employers to bring foreign workers into the country for temporary, non-agricultural jobs. If you're looking at seasonal work in landscaping, hospitality, construction, or dozens of other industries, this is the visa category that makes it possible. Competition for H-2B slots is fierce, with demand consistently exceeding the 66,000 annual cap, but FY2026's supplemental allocation has pushed total available visas to over 130,000. This guide covers everything from requirements and costs to the cap system, processing times, and how the application process actually works.

What is the H-2B visa?

The H-2B visa program is a nonimmigrant work visa category that lets U.S. employers hire foreign nationals for temporary, non-agricultural positions when not enough American workers are available to fill the roles. It covers four types of temporary need:

1. Seasonal
2. Peak load
3. One-time
4. Intermittent

Unlike the H-2A visa, which is specifically for agricultural work like farming and harvesting, the H-2B covers everything else. Common examples include landscaping crews during summer, hotel staff during tourist season, construction workers on project-based contracts, and seafood processors during peak catch periods. The key word is "temporary." The job itself does not have to be temporary, but the employer's need for additional workers does.

This is an employer-sponsored visa, which means you cannot apply for it yourself. A U.S. employer must initiate the entire process, from proving they need foreign workers to filing the petition with USCIS. You don't have a role in the process until it's time to apply for the actual visa stamp at a U.S. consulate.

The H-2B is strictly a nonimmigrant visa with no dual intent. You're expected to return home when your authorized stay ends and can't use it as a direct path to a green card. That said, an employer can separately sponsor you for permanent residence through the PERM labor certification process while you're on H-2B status. The two aren't mutually exclusive. If you're interested in that path, consult an immigration attorney about timing.

H-2B visa requirements

To qualify for the H-2B visa, both the employer and the worker must meet specific criteria. The employer carries the heavier burden, needing to prove temporary need, file for labor certification, and demonstrate that no qualified U.S. workers are available. The worker's requirements are comparatively straightforward.

Requirements for employers

Employers must demonstrate that their need for workers falls into one of four categories recognized by USCIS:

• Seasonal need. The job is tied to a specific season or time of year, like summer resort staffing or winter ski lodge operations.
• Peak load need. The employer has a permanent workforce but needs additional staff temporarily to handle a spike in demand.
• One-time need. The employer has a short-term project or event that requires extra workers, and there's no plan to need them again.
• Intermittent need. The employer doesn't have permanent or full-time workers for the role but occasionally needs them for short periods.

Beyond proving temporary need, the employer must obtain a temporary labor certification from the Department of Labor by filing Form ETA-9142B. This certification confirms two things: that there aren't enough qualified U.S. workers available for the position, and that hiring foreign workers won't negatively affect the wages and working conditions of U.S. employees in similar roles.

The employer must also pay at least the prevailing wage for the occupation and location, and guarantee workers at least three-quarters of the total work hours in each 12-week period (or each six-week period for jobs lasting under 120 days). This is known as the three-fourths guarantee rule.

As of January 17, 2025, USCIS has explicit authority to deny or revoke H-2B petitions when employers have committed serious violations of wage laws, workplace safety regulations, or worker protection standards. If an employer has a history of labor violations, it can directly affect petition approval.

Requirements for workers

Worker-side requirements are more straightforward:

• You must have a valid job offer from an employer who has received (or is applying for) an approved H-2B petition.
• You must be a national of an eligible country listed by the Department of Homeland Security (though exceptions exist for workers from non-listed countries when it's in the U.S. interest).
• You must intend to leave the U.S. when your authorized period of stay ends.
• There's no specific education or degree requirement. The H-2B doesn't require a bachelor's degree or any particular credential, which sets it apart from specialty occupation visas like the H-1B.

As of January 17, 2025, USCIS formally removed the requirement that H-2B beneficiaries be nationals of a designated country. In practice, the State Department still maintains its eligible countries list for visa issuance at consulates, so the country list still matters for the consular interview stage even though USCIS no longer requires it for the petition.

H-2B visa eligible countries

The Department of Homeland Security publishes an annual list of countries whose nationals are eligible for H-2B visas, and for FY2026, the most recent list includes 89 countries. The list covers a wide geographic range, including countries across Central and South America, the Caribbean, Europe, Asia, Africa, and the Pacific Islands.

If your country isn't on the list, you're not automatically disqualified. USCIS can still approve an H-2B petition for a worker from a non-designated country if the employer demonstrates that it's in the U.S. interest. This exception is granted on a case-by-case basis. In practice, it's uncommon but not unheard of, particularly when the employer can show they've made extensive efforts to find workers from listed countries and the specific worker has unique qualifications.

The eligible countries list is updated annually and can change from year to year. Countries can be added or removed based on factors like overstay rates, fraud patterns, and diplomatic considerations. Before starting any application, verify your country's current eligibility status on the DHS H-2B eligible countries list and the USCIS H-2B page. Even with the January 2025 regulation removing the country designation requirement at the USCIS petition stage, the State Department still uses this list when processing visa applications at consulates abroad.

Jobs that use the H-2B visa

H-2B visa jobs span a wide range of non-agricultural industries, but they all share one trait: the employer's need for workers must be temporary. The most common H-2B occupations are concentrated in landscaping, hospitality, food service, and seasonal construction.

Here are the industries and roles where H-2B petitions are most common:

The job must be both temporary and non-agricultural. A permanent, year-round landscaping position doesn't qualify. But a landscaping company that needs extra workers from April through October to handle the busy season does.

Caregiving has become an increasingly common use of the H-2B visa, including home health aides and nanny positions. The temporary need must still be documented, so a family hiring a nanny for a one-time period (like caring for an aging parent during recovery from surgery) could qualify, but a permanent, year-round nanny position likely wouldn't.

If you're looking for employers who actively sponsor H-2B workers, Migrate Mate's job board connects you with U.S. employers hiring across these categories.

H-2B visa application process

The H-2B visa application process is employer-driven, meaning your employer initiates and manages most of the steps before you're involved. The full process has seven stages, from the Department of Labor certification through your arrival in the United States.

Step 1: Employer files for temporary labor certification with the DOL.

Your employer submits Form ETA-9142B to the Department of Labor's Office of Foreign Labor Certification. This form documents the temporary need, the job details, the prevailing wage, and the recruitment efforts made to find U.S. workers. The ETA-9142B must be filed at least 75 days before the employment start date. Filing late means missing the cap window. The employer must place a job order with the State Workforce Agency and run two newspaper ads on separate Sundays. These steps are mandatory, and the DOL will reject a certification that skips them. Recruitment must happen within a specific window before the start date. If the employer hasn't done it properly, the timeline resets.

Step 2: DOL reviews and issues the temporary labor certification.

The Department of Labor reviews the application, verifies the wage meets prevailing standards, and confirms the employer's recruitment efforts were sufficient. This stage takes roughly two to three months. The most common reasons DOL issues a Request for Information (RFI) are insufficient recruitment documentation and prevailing wage discrepancies. An RFI can add several weeks to this stage, and if it arrives close to the cap filing window, it can push the entire petition into the next season.

Step 3: Employer files Form I-129 with USCIS.

Once the labor certification is approved, the employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS, attaching the original temporary labor certification. This is the formal petition asking USCIS to classify you as an H-2B worker. The employer needs the approved labor certification in hand before the USCIS cap filing period opens. If the DOL hasn't issued it yet, the employer can't file the I-129 for the current cap cycle. Cap filing periods open on specific dates, and if the employer misses the window, you're waiting for the next allocation or a supplemental opening.

Step 4: USCIS adjudicates the petition.

USCIS reviews the petition and supporting documentation. Standard processing takes one to three months. If the employer opted for premium processing ($1,780), USCIS guarantees a response within 15 business days. If approved, USCIS sends the employer an approval notice (Form I-797).

Step 5: Worker applies for the H-2B visa at a U.S. consulate.

This is where you come in. Once the petition is approved, you complete Form DS-160 (Online Nonimmigrant Visa Application) and pay the $205 MRV visa application fee. You'll then schedule your visa interview at the nearest U.S. embassy or consulate. The MRV fee is paid by the worker unless the employer agrees to cover it. Confirm with your employer before scheduling. Appointment wait times vary significantly by consulate, so check the State Department's appointment wait times page before assuming how long this stage will take.

Step 6: Attend the visa interview.

You'll meet with a consular officer who will review your application, confirm the details of your employment, and assess your nonimmigrant intent (your plan to return home after the job ends). Officers typically ask about your ties to your home country (property, family, ongoing commitments), your plans after the job ends, and the specific details of your employment offer. Bring your passport, DS-160 confirmation, I-797 approval notice, a copy of your employment contract or offer letter, evidence of ties to your home country, and any prior U.S. visa history. While denial at this stage is uncommon for well-documented cases, it does happen. Officers have wide discretion. If denied, you'll receive a reason, and some denials are fixable with additional documentation.

Step 7: Enter the U.S. with your H-2B visa.

After visa approval, you can travel to the United States and present yourself at a port of entry. The CBP officer will verify your documentation and admit you in H-2B status for the period authorized on your petition. The CBP officer sets your admission period, which may differ from what's on your petition. Make sure you understand the dates stamped on your I-94. Your I-94 record (available at cbp.dhs.gov/I94) is the official record of your admission. Check it after entry to confirm the dates are correct.

H-2B visa processing time

The total H-2B visa processing time from start to finish is roughly three to six months, depending on the Department of Labor's review speed, USCIS processing, and consular appointment availability. Here's how the timeline breaks down by stage:

The most time-sensitive piece is the cap. Because the annual H-2B cap fills quickly (sometimes within days of opening), employers need to plan their timelines carefully. Filing the DOL application early enough to have an approved labor certification before the cap filing period opens is critical.

Premium processing at $1,780 guarantees that USCIS will take action on the I-129 petition within 15 business days. "Take action" means they'll either approve, deny, or issue a request for evidence. It doesn't guarantee approval, but it eliminates the uncertainty of months-long standard processing, which can be the difference between getting your workers in time for the season and missing the window entirely.

Consular processing times vary significantly by embassy and time of year. Some posts can schedule interviews within a week or two of petition approval; others may have waits of a month or more, especially during peak H-2B filing seasons. Check the State Department's visa appointment wait times page for current estimates at your nearest consulate.

H-2B visa cost

The total H-2B visa cost includes government filing fees split between the employer and the worker. The employer bears the majority of the financial burden, and federal rules explicitly prohibit employers from passing certain costs to workers.

In practice, the minimum employer cost for a named beneficiary petition comes to $1,830 ($1,080 + $150 + $600) for large employers with more than 25 full-time equivalent employees. Small employers (25 or fewer FTE) pay $1,530 ($1,080 + $150 + $300), and nonprofits pay $1,230 ($1,080 + $150 + $0). With premium processing, total employer costs for a large employer reach $3,610 ($1,080 + $150 + $600 + $1,780). Unnamed beneficiary petitions are cheaper at $580 ($460 for small employers and nonprofits).

Federal rules explicitly prohibit employers from passing recruitment fees, job placement fees, or visa petition costs to workers. If any recruiter, agent, or employer asks you to pay for the petition filing, labor certification, or recruitment costs, that's a violation of federal law. USCIS will deny or revoke petitions where prohibited fees have been collected from workers.

Beyond government fees, employers incur additional costs for legal representation (preparing the labor certification and I-129 petition), recruitment advertising required by the DOL, and worker transportation. These costs vary significantly by employer location, case complexity, and whether premium processing is used.

H-2B visa cap and lottery

The H-2B visa has a statutory annual cap of 66,000 visas per fiscal year, split into two equal allocations: 33,000 for workers with employment start dates in the first half of the fiscal year (October 1 through March 31), and 33,000 for the second half (April 1 through September 30). Unused slots from the first half roll over to the second half, but unused slots from the second half don't carry over to the next fiscal year.

When USCIS receives more cap-subject petitions than available slots on the final receipt date, it conducts a random selection process (commonly called the lottery). All petitions received on that final date get equal chances, and those not selected are returned to employers with their filing fees.

The cap fills fast. For FY2026, the first-half cap of 33,000 was reached on September 12, 2025. That means employers filing for workers starting between October 2025 and March 2026 had an extremely narrow window.

Cap-exempt categories

Not all H-2B petitions count against the cap. These categories are exempt:

• Current H-2B workers who are extending their stay, changing employers, or changing the terms of their employment. If you're already in H-2B status and your employer is filing for you to continue working, that doesn't take a cap slot.
• Fish roe processors. Workers in this specific niche of the seafood industry are cap-exempt by statute.
• CNMI and Guam workers. Workers performing labor in the Commonwealth of the Northern Mariana Islands or Guam under certain conditions are exempt from the cap.

If you're a cap-exempt worker, the annual cap and lottery don't apply to your petition, which removes the biggest source of uncertainty in the H-2B process.

For workers, the practical implication is this: if your petition isn't selected in the lottery, your employer gets their filing fees returned but you'll need to wait for the next cap window or a supplemental allocation opening. Before your employer files, it's worth asking whether they're filing for a cap-exempt position (if applicable), whether they plan to use premium processing, and roughly when you should expect to hear the outcome. Workers whose petitions are cap-exempt skip this uncertainty entirely.

H-2B visa cap changes for FY2026

The biggest H-2B visa increase in recent years came for FY2026: the Department of Homeland Security and Department of Labor announced 64,716 additional supplemental visas through a temporary final rule, bringing the total available H-2B slots to 130,716 for the fiscal year. This nearly doubles the base cap and reflects the sustained demand from U.S. employers who can't fill temporary positions domestically.

The supplemental visas are released in three separate allocations:

"Returning workers" means individuals who held H-2B visa status during FY2023, FY2024, or FY2025. The first and second allocations are reserved exclusively for these returning workers, while the third allocation is open to any eligible H-2B worker.

To qualify for supplemental visas, employers must attest to "irreparable harm," meaning they'd suffer significant business damage if they can't bring in temporary workers. This attestation is submitted on a specific form alongside the petition.

This supplemental authority isn't permanent. It comes through the Continuing Appropriations Act, and Congress must reauthorize it each year. However, if Congress doesn't reauthorize the supplemental authority for FY2027, employers would be limited to the 66,000 base cap, a significant reduction from FY2026's 130,716.

The first allocation of 18,490 supplemental visas was exhausted by February 6, 2026. That means even with the supplemental increase, demand still outpaced supply for early-season workers. Employers planning for the second and third allocations should prepare their filings well in advance of the opening dates to maximize their chances.

H-2B visa extensions and maximum stay

H-2B visa duration is initially set for the period of temporary need authorized on your labor certification, which can be up to one year. You can extend your H-2B status in increments of up to one year, with a maximum continuous stay of three years.

After reaching the three-year maximum, you must leave the United States for an uninterrupted period of at least 60 days before you're eligible to return on a new H-2B visa. This "reset clock" requirement is firm. Brief trips to the U.S. for business or pleasure during the 60-day absence don't count toward fulfilling it, though they also don't restart the clock.

Extensions require a new or amended labor certification showing the employer still has a temporary need for your role. If the original period of need has passed, the employer needs to re-document why additional time qualifies as temporary. Workers in recurring seasonal roles generally have straightforward extension paths, while workers in one-time or project-based roles may face more scrutiny.

There is one useful nuance, though. Time you spend physically outside the United States during your H-2B status can be "recaptured" and doesn't count against the three-year maximum. If you went home for two months between seasons, those two months effectively pause the clock. This means workers who regularly return home between seasonal periods may be able to extend their total time in H-2B status beyond the calendar equivalent of three years.

Dependents on H-2B status

If you have a spouse or unmarried children under 21, they can apply for H-4 dependent visas to accompany you to the United States. H-4 visas allow your family members to live in the U.S. for the duration of your H-2B status.

One significant limitation: H-4 visa holders aren't authorized to work in the United States. Unlike some dependent visa categories (such as H-4 dependents of certain H-1B holders who can apply for employment authorization), H-2B dependents have no path to a work permit. Your spouse and children can attend school, open bank accounts, and carry out daily life, but they can't take jobs.

H-4 visa holders can attend U.S. public schools at no cost. This is a federally protected right regardless of immigration status. Driver's license eligibility for H-4 holders varies by state. Most states issue licenses to H-4 visa holders, but requirements differ, so check your destination state's DMV rules before arrival.

If your H-2B status is revoked or your petition is denied after your family has already arrived, their H-4 status is directly tied to yours. They would need to depart or change to another status. If you need to explore options for your family, consult an immigration attorney about potential alternatives.

H-2B vs H-2A and other work visas

The biggest differences between the H-2B and other U.S. work visas come down to job type, cap structure, and employer obligations. The H-2A covers agricultural work with no annual cap, the H-2B covers non-agricultural temporary work with a 66,000 cap, and the H-1B visa covers specialty occupations requiring at least a bachelor's degree.

H-2B vs H-2A

The most significant difference is the cap. H-2A has no annual limit on the number of visas issued, which means agricultural employers don't face the lottery uncertainty that H-2B employers deal with every year. H-2A also comes with stronger employer obligations around housing and transportation. This increases costs for employers but provides more guaranteed protections for workers.

H-2B vs H-1B

The H-1B and H-2B serve fundamentally different purposes and worker profiles:

If you have a bachelor's degree and are looking at professional roles, the H-1B (or alternatives like the O-1 or L-1) is likely more relevant. If you're pursuing seasonal or temporary non-professional work, the H-2B is the right category. They rarely overlap in practice.

H-2B worker rights and protections

H-2B workers have specific legal protections under federal law. Understanding these rights before you arrive in the U.S. helps you recognize violations early and know where to report them.

Prevailing wage guarantee

Your employer is legally required to pay at least the prevailing wage for your occupation and location. This rate is determined by the Department of Labor and is set before your labor certification is approved. You can look up the prevailing wage for your role at the DOL's Foreign Labor Certification Data Center.

Three-fourths guarantee

In plain terms: if your employer brings you to the U.S. for a 20-week season with a promise of 40 hours per week, they owe you pay for at least 30 hours per week even if work slows down or weather prevents full hours. This protection exists specifically because temporary workers are vulnerable to being brought over and then given insufficient work. The three-fourths guarantee is measured in 12-week periods (or 6-week periods for jobs lasting under 120 days).

Prohibited recruitment and placement fees

No employer, recruiter, or agent is permitted to charge you fees for finding you this job, filing the petition, or processing your labor certification. If anyone asks you to pay these costs, whether directly or as a deduction from your wages, that's a federal violation. Report it to the DOL Wage and Hour Division.

What to do if your employer violates your rights

The DOL Wage and Hour Division handles H-2B complaints. You can file a complaint online, by phone, or in person. Retaliation against workers for filing complaints is prohibited under federal law, and employers who retaliate face additional penalties.

If your employer closes or terminates you mid-season

Your H-2B status doesn't expire immediately if your employer closes or you're let go. You have a grace period (currently 60 days or until the end of your authorized stay, whichever is shorter) to find a new employer willing to file an H-2B petition on your behalf, or to prepare for departure. If you find a new employer, they'll need to file a new I-129 petition and obtain a new labor certification, but the 60-day grace period gives you a realistic window to make that transition.

What happens after H-2B?

The H-2B doesn't lead directly to a green card, and workers who want to pursue permanent residence can't do so through H-2B status alone. However, an employer can sponsor you for permanent residence through the PERM labor certification process and the EB-3 employment-based green card category while you're working on H-2B status. The two processes run in parallel. Your H-2B doesn't need to end before the green card process begins, but it also doesn't automatically transition into one.

For workers who want to continue seasonal work year after year, the returning worker exemption from the cap (for those who held H-2B status in one of the prior three fiscal years) is the most practical tool. It removes the lottery uncertainty and makes annual returns to the same employer much more predictable.

If you're approaching the three-year maximum and want to explore other options, the TN visa (for Canadian and Mexican nationals in specific professional occupations) or the H-1B (for degree-holders in specialty occupations) may be worth considering depending on your qualifications and goals.

Frequently asked questions