H-2B seasonal worker visas
Temporary non-agricultural workers for seasonal, peak-load, one-time or intermittent needs.
Overview
The H-2B program lets U.S. employers hire foreign workers for temporary, non-farm jobs when not enough U.S. workers are available. Common users include landscaping, hotels, restaurants, amusement parks, seafood processing and construction.
The employer’s need must be temporary, even if the job itself is year-round in nature. The employer must first get a temporary labor certification from the Department of Labor (DOL), then file a petition with USCIS.
The program has a yearly cap of 66,000 visas, split into two halves. Demand is far higher than supply, so timing is critical. The government sometimes releases extra ‘supplemental’ visas during the year.
Key requirements
- The employer’s need must be temporary and fit one of four types: one-time occurrence, seasonal, peakload or intermittent.
- The period of need generally must be one year or less, or up to 3 years for a one-time occurrence (8 CFR 214.2(h)(6)(ii)(B)). Annual appropriations laws direct DOL to use this DHS definition rather than the 9-month limit in its own rule.
- The employer must show there are not enough able, willing, qualified and available U.S. workers, and that hiring H-2B workers will not hurt wages and working conditions of similar U.S. workers.
- The employer must offer and pay at least the DOL prevailing wage and meet other program terms, such as paying certain travel and visa costs and following the job order terms.
- The cap is 66,000 per fiscal year: 33,000 for jobs starting October 1–March 31, and 33,000 for jobs starting April 1–September 30. Unused first-half numbers carry over to the second half.
- Some cases do not count against the cap, such as extensions for current H-2B workers and certain changes of employer.
- Since January 17, 2025, DHS no longer limits H-2B to nationals of listed countries; workers from any country may be eligible.
At a glance
What it is
- Employer-sponsored temporary work visa
- Requires temporary labor certification
- Subject to an annual cap
Who it fits
- Hospitality, construction and landscaping employers
- Businesses with seasonal staffing needs
How we help
- Labor certification and recruitment steps
- Petitions and consular coordination
- Planning around cap timing
- Prepare statements of temporary need backed by payroll and contract records
- Manage the DOL timeline from prevailing wage to recruitment report
How the process works
Request a prevailing wage
The employer asks DOL for the wage it must offer for the job in that area.
Form: ETA-9141Timing: File well ahead; DOL rules require the request at least 60 days before the determination is needed
File the labor certification and job order
The employer files the application and a job order with DOL and the State Workforce Agency.
Form: ETA-9142B with Appendix B and job orderTiming: 75 to 90 days before the date of need
Recruit U.S. workers
After DOL issues a Notice of Acceptance, the employer contacts former U.S. workers, notifies any union, posts the job, and hires qualified U.S. applicants who apply. The job is also posted on SeasonalJobs.dol.gov.
Timing: Per the Notice of Acceptance
Submit the recruitment report
The employer reports each U.S. applicant, whether they were hired, and the lawful job-related reason for any rejection.
Form: Recruitment reportTiming: By the date DOL sets in the Notice of Acceptance
Receive certification and file with USCIS
With the certified labor certification, the employer files the H-2B petition. Premium processing is available.
Form: I-129 with H SupplementTiming: Cap limits often make the filing date decisive
Worker obtains the visa and enters
Workers abroad apply at a U.S. consulate. Workers may enter up to 10 days before the start date.
Form: DS-160
Documents to gather
- Statement of temporary need explaining the seasonal, peakload, one-time or intermittent need
- Payroll records for past years showing when staffing rises and falls
- Contracts, letters of intent or work orders supporting the dates of need
- Prevailing wage determination
- Job order and recruitment records (postings, contacts with former workers)
- Recruitment report and records of U.S. applicants
- Business license, tax ID and financial records
- Worker passports and any prior H-2B approvals (for returning workers)
Common problems to avoid
- Claiming a seasonal need when payroll records show year-round staffing.
- Filing late and missing the cap for the half-year.
- Rejecting U.S. applicants for reasons not stated in the job order.
- Offering a different wage or job duties than the certified job order.
- Charging workers recruitment fees, which the rules prohibit.
- Signing a supplemental-visa attestation of ‘irreparable harm’ without records to support it.
What has changed lately
DHS and DOL made 64,716 supplemental H-2B visas available for fiscal year 2026, split into three allocations by start date. Employers had to attest, under penalty of perjury, that they would suffer irreparable harm without the workers.
USCIS announced on September 11, 2026, that it had received enough petitions to reach the H-2B cap for the first half of fiscal year 2027 (start dates before April 1, 2027). The final receipt date was September 4, 2026.
The H-2 modernization rule, effective January 17, 2025, removed the eligible-countries list, made H-2B worker portability permanent, and added grace periods and new employer penalties.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Is my business need ‘temporary’ if the work happens every year?
It can be. A seasonal need that returns each year at the same time may qualify. What matters is that your need for extra workers is temporary, generally one year or less (up to 3 years for a one-time occurrence).
When should I start the process?
Start months before your date of need. The labor certification must be filed 75 to 90 days before the start date, and the prevailing wage request comes before that. Because the cap fills fast, early planning is important.
What are supplemental H-2B visas?
In recent years Congress has let DHS release extra H-2B visas above the 66,000 cap. The number, rules and eligible workers change each year. Employers must usually sign an attestation about harm to the business.
Can workers from any country apply?
Since January 17, 2025, DHS no longer uses a list of eligible countries for H-2B. Workers from any country may be eligible, though visa processing still depends on the consulate.
Can an H-2B worker change employers?
Yes. Under current rules, an H-2B worker may begin working for a new H-2B employer once that employer properly files a new petition, if other conditions are met.
How long can an H-2B worker stay?
Status is tied to the certified period of need. Total H-2B time is generally limited to 3 years, after which the worker must stay outside the U.S. for 60 days before returning in H-2B status.
- USCIS: H-2B Temporary Non-Agricultural Workers
- USCIS: Cap Count for H-2B Nonimmigrants
- DOL: H-2B Temporary Non-agricultural Program
- eCFR: 20 CFR Part 655, Subpart A (H-2B labor certification)
- DOL: Form ETA-9142B Instructions
- Federal Register: FY 2026 H-2B Supplemental Rule
- USCIS: H-2B Cap Reached for First Half of FY 2027
- Federal Register: Modernizing H-2 Program Requirements (Dec. 18, 2024)
- eCFR: 8 CFR 214.2(h)(6)
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.