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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.

OpenOpen but capped at 66,000 new workers a year, split between two halves of the fiscal year; nationals of the 19 fully restricted travel ban countries cannot get H-2B visas. (Status as of September 22, 2026)
On this page
  1. Who can get an H-2B visa?
  2. The H-2B cap: why timing matters
  3. Your rights on an H-2B job
  4. How long can you stay?
  5. Preparing for the visa interview
  6. How much does it cost, and who pays?
  7. How long does it take?
  8. Green card options and common refusals
  9. How to apply
  10. Frequently asked questions
  11. Official sources
Key factsSeptember 22, 2026
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

  1. 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.

  2. DOL certifies the job

    If no qualified US workers are available and all conditions are met, DOL issues a temporary labor certification.

  3. Employer files Form I-129

    The employer files the petition with USCIS while cap numbers are still available for that half of the year.

  4. 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.

  5. 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

  1. USCIS: H-2B Temporary Non-Agricultural Workersuscis.gov
  2. DOL: Foreign Labor Certificationdol.gov
  3. DOL: SeasonalJobs.dol.govseasonaljobs.dol.gov
  4. State Department: Temporary Worker Visastravel.state.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.