H-2B Visa Guide: Temporary Jobs & Employer Requirements
- The H-2B visa allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs when there aren’t enough available U.S. workers.
- Most H-2B jobs last one year or less, but workers can extend in one-year increments for a maximum stay of three years.
- The program is capped at 66,000 visas per year, so employers should start the process early to avoid missing available slots.
U.S. businesses often need extra help during their busiest seasons. From resorts to landscapers, many industries use the H-2B visa to bridge the gap when local workers aren’t available. The visa allows employers to use global talent for short-term, high-demand roles.
| 🧑⚖️Clear guidance, without the legal jargon. This article is informed and reviewed by Manifest Law’s experienced immigration attorneys—and written to make the law make sense. Because you deserve to understand the system, not fight it. Check out our editorial policy for more info. |
What is the H-2B visa?
The H-2B visa program allows U.S. employers to hire nonimmigrant workers for temporary, non-agricultural jobs. Unlike the H-1B, which is for long-term professional careers, the H-2B is designed to fill short-term labor shortages. The visa is for work that is seasonal, intermittent, or meets a short-term demand. To apply, you must have a job offer from an H-2B employer who can prove it can’t find enough U.S. workers to do the task.
Key aspects of the H-2B temporary visa
- Who it’s for: U.S. employers who need to hire foreign workers for non-agricultural jobs.
- What it’s for: The visa helps fill short-term labor gaps in industries like landscaping, hospitality, and construction when local workers are unavailable. The work must be seasonal, intermittent, one-time, or addressing a short-term demand.
- Initial stay: Most H-2B visas are granted for the length of the specific job, which is usually one year or less.
- Maximum stay: You can apply for extensions in one-year chunks, but you can’t stay in the U.S. for more than three years total as an H-2B temporary worker.
- Departure requirement: After reaching the three-year limit, you must leave the U.S. for at least 60 continuous days before you can apply for the H-2B visa again.
- No direct path to permanent residence: The H-2B is not a dual-intent visa; it is temporary and does not lead directly to a Green Card or citizenship.
H-2B visa eligibility and requirements
To use the H-2B visa program, both the U.S. business and the international worker must meet certain standards set by the Department of Homeland Security and the Department of Labor.
Eligibility for employers
A U.S. employer must prove its need for extra help is not permanent and that it tried to find local workers first.
- Demonstrate a temporary need: The business must show the work is a one-time occurrence, a seasonal or busy period need, or an intermittent need.
- Prove a lack of U.S. workers: The employer must show there aren’t enough U.S. workers willing or able to do the job.
- Follow labor rules: Companies must comply with U.S. Department of Labor (DOL) rules, which include paying a fair wage and following specific recruitment steps, which we’ll describe below.
- Protect local wages: Hiring foreign workers must not negatively affect the pay or working conditions of similarly employed U.S. workers.
Eligibility for workers
To be hired, a worker must meet the following criteria:
- Valid job offer: You must have a formal offer for a temporary, non-agricultural job from a U.S. employer approved by the Department of Labor.
- Intent to return home: You must show you plan to return to your home country once your temporary work period ends.
- Petition from an employer: You can’t apply for this visa on your own. The employer must start the process.
| Note: As of January 2025, DHS no longer limits this visa to applicants from a specific list of countries. Workers from any nation are now eligible as long as they are not subject to other travel restrictions. |
Examples of jobs that qualify under the H-2B visa
The H-2B visa is only for non-agricultural work. It can cover a wide variety of roles in industries that get busy at certain times of the year. These are examples from the most common industries that use H-2B visas.
Hospitality and tourism
Resorts and hotels use this visa during their peak vacation seasons to hire:
- Hotel housekeepers and cleaning staff
- Waiters, cooks, and kitchen help
- Front desk agents and guest service staff
- Lifeguards and ride operators at amusement parks or summer camps
Landscaping and groundskeeping
This is the most common use for the H-2B visa.
- Landscapers
- Tree trimmers and pruning specialists
- Groundskeepers for golf courses or large parks
Construction
Construction companies often need help for short-term building projects.
- Roofers
- Carpenters
- Drywall installers
- General laborers
Jobs that do not qualify for the H-2B visa
Not every temporary job can use an H-2B visa. Some are strictly excluded.
- Farming and ranching: Agricultural work, like picking crops or caring for livestock, uses the H-2A visa.
- Permanent roles: You can’t use this visa for long-term employment.
- Self-employment: You can’t use this visa to work for yourself or start your own business.
The H-2B visa application process and timeline
Applying for the H-2B visa is a multi-step process that begins with the U.S. Department of Labor. Because of the limited number of visas, the entire process can take more than six months from start to finish.
| Employer action | Government action | |
| Step 1: Prevailing wage | File Form ETA-9141 to request a prevailing wage rate at least 150 days before job start. | 30 to 60 days for the National Prevailing Wage Center to determine the average wage paid to similarly employed workers in the same area. |
| Step 2: Job order | 75 to 90 days before job start, file a job order with the local State Workforce Agency | 6 business days for the SWA to review for compliance |
| Step 3: Temporary labor certification | File Form ETA-9142B with the DOL. If you get a Notice of Deficiency (NOD), respond immediately. | 7 business days for the DOL to review your application and issue a notice of acceptance (NOA) or (NOD) |
| Step 4: Recruitment | Upon receiving NOA, post the job for 15 consecutive business days, contact former workers, and submit a recruitment report. | The DOL posts your job on Seasonaljobs.dol.gov |
| Step 5: USCIS petition | File Form I-129 (petition for a nonimmigrant worker) with the approved certification | About 3.5 months to process or 15 days with premium processing. |
| Step 6: Consular processing | Final step. The worker schedules a visa interview at an embassy or consulate in their home country. | Up to 6 weeks to schedule an appointment depending on the embassy. |
H-2B visa cap and timing limitations
Timing is important because there’s a yearly cap on H-2B visas. For jobs starting Oct. 1, the filing window often opens early July. For jobs starting April 1, the window opens in early January. The windows last just three days.
The current limit is 66,000 visas per fiscal year, split into two halves:
- 33,000 visas for jobs starting in the fall and winter (Oct. 1 to March 31)
- 33,000 visas for jobs starting in the spring and summer (April 1 to Sept. 30)
The Department of Homeland Security (DHS) often announces these limits have been hit months before the work actually begins. For example, the cap for the first half of 2026 was reached by Sept. 12, 2025.
| Tip: Planning ahead and working with an experienced immigration attorney can be helpful for preparing an application under a tight deadline. |
Supplemental visas
To have a chance, employers should plan their petitions well ahead of when the work needs to start. If the main cap is full, the government sometimes releases supplemental visas for businesses that would suffer “irreparable harm” without extra workers. These are often reserved for returning workers who held a visa in the last three years.
Cap exemptions
Some workers don’t count toward the 66,000-visa limit. These cap-exempt groups include:
- Workers already in the U.S. who are extending their stay or changing employers
- Fish roe processors and technicians
- Workers in Guam or the Northern Mariana Islands through 2029
Cost of the H-2B visa
U.S. law requires H-2B employers to cover most of the costs of the H-2B visa, including government filing fees, recruitment, and the worker’s travel to the United States. A new visa integrity fee of at least $250 applies to nearly all nonimmigrant visas, adding to the cost.
Here’s a breakdown of the typical expenses for an H-2B visa in 2025:
| Fee type | Description | Estimated cost |
| Form I-129 filing fee | Main petition fee (depends on company size) | $460 to $1,080 |
| Asylum program fee | Included with employment petitions | $0 to $600 |
| Fraud prevention fee | One-time fee for new petitions | $150 |
| Visa integrity fee | Per worker | $250 |
| Premium processing | Optional, guarantees decision in 15 business days | $1,780 |
| Visa application | Embassy fee paid by worker applying from abroad | $205 |
| Travel and housing | Paid by employer in certain circumstances | Varies |
H-2B vs. H-2A vs. H-1B: Key differences
The H-2B is for non-farm seasonal work. Other temporary work visas might be a better fit depending on the industry and your background.
The H-2A is for agricultural jobs like farming and the H-1B is for highly skilled professionals with university degrees. All three require a U.S. employer to sponsor you. They differ in how many people get them and how long you can stay.
Comparison of temporary work visas
| H-2B | H-2A | H-1B | |
| Type of work | Temporary non-farm jobs | Seasonal agricultural jobs | Specialized professional jobs |
| Education level | No specific degree required | No specific degree required | Bachelor’s degree, its equivalent or higher |
| Yearly cap | 66,000 per year (plus supplemental visas, if needed) | No annual limit | 65,000 per year (plus 20,000 for master’s degree holders) |
| Max stay | Up to 3 years | Up to 3 years | Up to 6 years (sometimes more with approved immigrant petition) |
| Path to Green Card | No direct path | No direct path | Allowed to apply for Green Card |
When to speak with an immigration attorney about H-2B visas
H-2B visas have complex rules and tight deadlines and a mistake could put your application at risk. Working with an attorney focused on these visas can help with the paperwork and timing.
👉 Request a consultation with Manifest Law’s experienced immigration lawyers now.
Frequently asked questions
Can I change employers on an H-2B visa?
Yes, you can move to a new job on an H-2B visa. Once a properly filled-out H-2B petition has been filed by your new employer, you can begin work. This is similar to how H-1B transfers function.
What happens if my H-2B job ends early?
If you’re dismissed for any reason before your job contract ends, your employer has to try to find similar work on state or national job boards. If that doesn’t work, your employer is legally required to pay for your travel costs back to the place from which you originally departed to work for them.
This likely means your home country, but it’s specifically wherever you were recruited. The H-2B employer must pay for the travel costs, like a plane or bus ticket, but also subsistence costs, like daily meals or lodging during the trip home. The employer is not required to pay for this if you abandon the job early or immediately transfer to a new job.
Can H-2B workers apply for another visa later?
Yes, you can apply for other visas in the future, but the H-2B itself does not lead to a Green Card. You must show you still plan to return home.
Can H-2B workers bring family members?
Yes, your spouse and unmarried children under 21 can apply for H-4 visas to join you in the United States. They can attend school but are not allowed to work.
