Hiring Seasonal Workers on H-2B: A Guide for US Employers

Use H-2B when your need for extra workers is temporary, usually less than a year, and fits one of four types:

It does not fit year-round jobs, even hard-to-fill ones. For those, look at a permanent route through PERM and EB-3. Farm work uses H-2A, which has no cap. For the worker's side, see the H-2B visa page. Industry guides: hospitality, construction, and trucking.

The statutory cap is 66,000 new workers per fiscal year (FY):

Workers already in H-2B status who extend or change employers generally do not count again.

FY 2026 supplement. On February 3, 2026, DHS and DOL published a temporary rule making up to 64,716 additional H-2B visas available for FY 2026 under authority Congress extended in Public Law 119-37. Employers had to attest that they would suffer irreparable harm without the workers, and most of the extra visas were reserved for returning workers who held H-2B status in FY 2023, 2024, or 2025. USCIS reported that some allocations filled. Whether supplemental visas exist for FY 2027, which starts October 1, 2026, depends on Congress and a new rule. Check the USCIS H-2B page for current cap counts.

DOL's Wage and Hour Division enforces H-2B conditions. You must:

• Pay at least the offered wage, which must equal or exceed the DOL prevailing wage for the job and area and any higher federal, state, or local minimum wage, to H-2B workers and to US workers doing the same work
• Guarantee three-fourths of the hours in each 12-week period (6-week period for contracts under 120 days), or pay the difference
• Pay visa-related costs. Reimburse visa, visa processing, and border crossing fees in the first workweek
• Pay inbound travel and daily subsistence once the worker completes 50% of the period (earlier if needed to keep first-week pay at the minimum wage), and return travel if the worker finishes or you dismiss them early
• Provide tools and equipment required for the job at no cost
• Give the job order to each worker in a language they understand, before the visa application
• Keep hiring US workers who apply until 21 days before the start date
• Keep records of hours, pay, and recruitment for 3 years
• Never charge recruitment fees, and contractually bar your recruiters from charging them

H-2B employers do not have to provide housing, though many do. If you charge for housing, the deduction must be lawful and disclosed. Violations can lead to back wages, civil money penalties, and debarment.

As of September 2026, from the USCIS fee schedule (G-1055):

Use the sponsorship cost estimator and see our US employer cost guide.

Workers can stay up to 3 years in total in H-2 status, then must spend time outside the US. Since January 2025, DHS rules give H-2 workers a grace period after their job ends and let a new H-2B employer usually have a worker already in H-2B status start once it files a petition.

Nationals of the 19 countries fully covered by the travel ban cannot get H-2B visas since January 1, 2026. Workers must also be nationals of a country on DHS's H-2 eligible countries list unless USCIS approves an exception.

• Filing a year-round need as seasonal. DOL checks payroll history; the same jobs filled all year look permanent.
• Missing the first filing day for high-demand start dates.
• Late reimbursements of visa fees and travel, which can drop first-week pay below the minimum wage.
• Paying H-2B workers more than US workers in the same job, or treating them differently.
• Using recruiters abroad who charge workers. You are responsible for their conduct.
• Changing worksites outside the certified area of employment without a new certification.