What Is the H-2B Visa?
The H-2B visa allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. This includes seasonal work (landscaping, hospitality, ski resorts), peak-load positions (holiday retail, summer tourism), intermittent work, and one-time occurrence needs (construction projects). The key requirement is that the job must be temporary in nature — the employer must show that the need for the worker is not permanent.
The H-2B program is heavily used by industries including landscaping and grounds maintenance, hospitality and tourism (hotels, resorts, amusement parks), seafood processing, forestry and logging, construction, and carnival and fair operations.
Annual Cap and Supplemental Visas
Congress limits the H-2B program to 66,000 visas per fiscal year, split into two halves: 33,000 for workers arriving in the first half (October through March) and 33,000 for the second half (April through September). These caps are regularly reached within days of opening.
In FY 2026, DHS authorized 64,716 supplemental H-2B visas beyond the statutory cap, distributed across three allocation windows. Returning workers (those who held H-2B status in one of the prior three fiscal years) are given priority in supplemental allocations.
Employer Requirements
Before filing an H-2B petition, the employer must complete several steps. First, the employer files a temporary labor certification application with the Department of Labor (DOL), demonstrating that there are not enough U.S. workers able, willing, qualified, and available to do the temporary work, and that hiring H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. This requires the employer to conduct recruitment efforts for U.S. workers at the prevailing wage for the occupation and area.
The recruitment must include placing a job order with the State Workforce Agency (SWA) for a minimum of 10 calendar days, advertising in a local newspaper of general circulation, and contacting former workers. The employer must pay at least the prevailing wage as determined by the DOL.
How to Apply: Step-by-Step
Step 1: Employer submits a temporary labor certification application (ETA-9142B) to the DOL's Chicago National Processing Center. Step 2: DOL reviews the application and issues a prevailing wage determination. Step 3: Employer conducts required recruitment of U.S. workers. Step 4: DOL issues the temporary labor certification (or denial). Step 5: Employer files Form I-129 with USCIS, including the approved labor certification. Step 6: If the worker is abroad, they apply for an H-2B visa at a U.S. consulate. Step 7: Worker enters the U.S. and begins employment.
Duration of Stay
H-2B status is initially granted for the period of the temporary labor certification, typically up to 1 year. Extensions can be granted in increments of up to 1 year, with a maximum total stay of 3 years. After 3 years, the worker must leave the U.S. for at least 3 months (uninterrupted) before being eligible for another H-2B.
Worker Protections
H-2B workers have important legal protections. Employers must pay the prevailing wage or the actual wage paid to similar workers, whichever is higher. Employers must provide or pay for workers' inbound transportation and subsistence costs. Workers are entitled to safe working conditions under OSHA standards. Employers cannot charge workers recruitment fees or require them to pay visa petition costs. Workers have the right to file complaints about labor violations without retaliation.
Returning Worker Exemption
Workers who held H-2B status in one of the previous three fiscal years may be exempt from the annual cap as "returning workers" when supplemental allocations are made. This provision is not automatic — it requires congressional authorization each year. In FY 2026, returning workers were given priority in all three supplemental allocation rounds.
Common Challenges
The biggest challenge is the cap — demand far exceeds the 66,000 annual limit. Employers must plan 5-6 months in advance to meet DOL filing deadlines. Other challenges include recruitment costs and prevailing wage requirements, DOL audits and compliance investigations, consular processing delays for workers abroad, and the temporary nature requirement (permanent needs do not qualify). For employers with year-round needs, consider the H-1B visa (for specialty occupations) or the PERM process for permanent labor certification.
H-2B vs H-2A: Key Differences
The H-2A visa is for temporary agricultural workers. Unlike H-2B, H-2A has no annual cap — there is no limit on the number of agricultural workers who can be admitted. H-2A employers must provide free housing, while H-2B employers are not required to (though they must pay for inbound transportation). H-2A applications are processed by the DOL's Office of Foreign Labor Certification with different timelines and requirements.