H-2B Visa: Temporary Non-Farm Work in the United States
The H-2B visa lets US employers hire foreign workers for temporary non-agricultural jobs, such as landscaping, hotels and resorts, seafood processing, and amusement parks, when not enough US workers are available. The employer must get a labor certification from the Department of Labor and a USCIS petition. The program is capped at 66,000 new visas a year, and workers can stay up to 3 years in total.
On this page
- Who it's for
- Workers for seasonal or temporary non-farm jobs
- Annual cap
- 66,000 (33,000 per half of the fiscal year)
- Type of need
- One-time, seasonal, peakload, or intermittent
- Length of stay
- Usually under 1 year per job; 3 years maximum
- Pay
- At least the DOL prevailing wage or minimum wage, whichever is higher
- Recruitment fees
- Cannot be charged to workers
- Dependents
- H-4 spouse and children; they cannot work
- Green card path
- None directly
Who can get an H-2B visa?
The H-2B covers non-agricultural jobs where the employer's need is temporary. Common industries include:
- Landscaping and groundskeeping
- Hotels, resorts, restaurants, and ski areas
- Seafood and crab processing
- Amusement parks and carnivals
- Forestry and some construction
The employer must show that its need is one of four types: a one-time occurrence, seasonal, peakload (a short-term rise in work), or intermittent.
As a worker, you generally need:
- A job offer from a US employer with an approved temporary labor certification from the Department of Labor (DOL)
- Nationality of a country on the list DHS publishes each year of countries eligible for H-2A and H-2B, unless USCIS approves an exception
- The experience the job requires (no degree is needed)
- An intent to return home after the job
For farm work, see the H-2A visa, which has no cap.
The H-2B cap: why timing matters
Congress limits new H-2B workers to 66,000 per fiscal year:
| Half of the fiscal year | Work start dates | Visas |
|---|---|---|
| First half | October 1 to March 31 | 33,000 |
| Second half | April 1 to September 30 | 33,000, plus any unused from the first half |
Demand is usually higher than the cap, so it is often reached quickly, especially for summer jobs. In some years, DHS and DOL have released extra (supplemental) visas under temporary authority from Congress. The amount and conditions change each year, so check the USCIS H-2B page for current cap news.
Some workers do not count against the cap, such as current H-2B workers who extend their stay or change employers, and certain workers in Guam and the Northern Mariana Islands.
Your rights on an H-2B job
DOL's Wage and Hour Division enforces worker protections. Your employer must:
- Pay at least the highest of the DOL prevailing wage or the federal, state, or local minimum wage
- Offer work for at least three-fourths of the hours promised over the contract period
- Pay or reimburse your inbound travel and visa costs under DOL rules, and pay your return travel if you finish the job or are dismissed early
- Provide required tools, supplies, and equipment for free
- Give you a copy of the job order in a language you understand
- Not charge you, directly or through a recruiter, any recruitment fee
Unlike H-2A, H-2B employers do not have to provide housing, though some do. Ask before you accept a job. If anyone asks you to pay for an H-2B job offer, read our scam protection guide.
How long can you stay?
- You are admitted for the period on the labor certification, which is usually less than a year.
- Extensions are possible in steps of up to 1 year, with a new certification.
- The maximum total stay is 3 years. After that, you must leave the United States for an uninterrupted period before you can return in H-2B status. USCIS explains the current rules on its H-2B page.
You can only work for the petitioning employer, in the job and location listed. A new H-2B employer can hire you after it gets its own labor certification and files a petition.
Family: your spouse and unmarried children under 21 can come on H-4 visas. They cannot work.
Preparing for the visa interview
Once USCIS approves the petition, you apply for the visa at a US embassy or consulate. Bring:
- Your passport and DS-160 confirmation page
- The USCIS approval notice number (your employer or its agent gives you this)
- A copy of your job offer or contract
- Proof of past work experience the job requires
- If you worked on an H-2B visa before, evidence that you returned home on time
Answer questions about the job, the employer, and how you were recruited clearly and truthfully. Tell the officer if anyone charged you a fee. See our visa interview guide for more tips.
How much does it cost, and who pays?
| Cost | Who pays | Where to check |
|---|---|---|
| DOL labor certification | Employer | DOL foreign labor certification |
| USCIS Form I-129 fee | Employer | USCIS fee schedule |
| Fraud prevention and detection fee | Employer | $150 |
| Premium processing (optional) | Employer | $1,780 since March 1, 2026 (Form I-907) |
| Visa application (MRV) fee | Worker pays first; employer reimburses under DOL rules | State Department fees |
| Visa Integrity Fee | Collected at issuance | $250 under a 2025 law; ask your employer about reimbursement |
| Recruitment fees | Cannot be charged to the worker | Report violations to DOL |
Employers can read our H-2B employer guide and industry pages for hospitality and construction.
How long does it take?
Employers file with DOL several months before the start date, then file Form I-129 with USCIS once certified. Check the USCIS processing times tool. After approval, you need a visa appointment; check global visa wait times for your consulate.
Travel ban: since January 1, 2026, Proclamation 10998 blocks all visas, including H-2B, for nationals of the 19 fully restricted countries. H-2B is not among the categories restricted for the 20 partially restricted countries.
Green card options and common refusals
The H-2B is not a path to a green card and requires you to keep a home abroad. A separate, permanent job offer can sometimes support an EB-3 green card through PERM labor certification.
Common refusal reasons:
- The cap was reached before the petition was filed
- The employer's need does not look truly temporary
- Your nationality is not on the eligible countries list and no exception applies
- Past overstays, unauthorized work, or a record of not returning home after earlier H-2B jobs
- Inconsistent information about your job or recruiter
If you have had immigration problems before, speak with a licensed immigration lawyer before applying.
How to apply
Employer files with DOL
The employer files a job order with the State Workforce Agency and an H-2B application with DOL, and recruits US workers first.
DOL certifies the job
If no qualified US workers are available and all conditions are met, DOL issues a temporary labor certification.
Employer files Form I-129
The employer files the petition with USCIS while cap numbers are still available for that half of the year.
Worker applies for the visa
After approval, complete the DS-160 online application and attend an interview at a US consulate, usually in your home country.
Travel and start work
Enter the United States, check your I-94 admission record online, and start work on the contract date.
Frequently asked questions
How many H-2B visas are there each year?
The regular cap is 66,000 a year, split into 33,000 for jobs starting October 1 to March 31 and 33,000 for jobs starting April 1 to September 30. DHS has sometimes added supplemental visas.
Does the employer pay for my H-2B visa?
Under DOL rules, employers must pay or reimburse the visa fee and inbound travel costs, and must not charge recruitment fees. Check your job order for details.
Do H-2B employers provide housing?
They are not required to, unlike H-2A farm employers. Some do; ask before you accept the job.
How long can I stay on an H-2B visa?
For the length of the job, usually under a year, with extensions up to a total of 3 years. Then you must leave for a period before returning in H-2 status.
Can I bring my family on an H-2B visa?
Your spouse and children under 21 can apply for H-4 visas, but they cannot work.
Official sources
- USCIS: H-2B Temporary Non-Agricultural Workersuscis.gov
- DOL: Foreign Labor Certificationdol.gov
- DOL: SeasonalJobs.dol.govseasonaljobs.dol.gov
- State Department: Temporary Worker Visastravel.state.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.