Overview
The H-2B visa allows U.S. employers facing temporary labor shortages to bring foreign nationals to the United States for temporary non-agricultural work. H-2B covers seasonal needs (e.g., hotel staffing during peak tourist seasons), peak-load needs (e.g., holiday retail positions), intermittent needs, and one-time occurrences. Congress has set the H-2B annual cap at 66,000 visas, with 33,000 allocated to the first half of the fiscal year (October 1 - March 31) and 33,000 to the second half (April 1 - September 30). In recent years, DHS has frequently issued supplemental rules to make additional visas available. Employers must first obtain a Temporary Labor Certification from the DOL.
Eligibility Requirements
- A U.S. employer must sponsor the petition, and the labor need must be temporary (seasonal, peak-load, intermittent, or one-time)
- The employer must demonstrate that there are insufficient U.S. workers available for the temporary work
- The employer must obtain a Temporary Labor Certification (TLC) from the DOL
- Employing H-2B workers must not adversely affect the wages and working conditions of similarly employed U.S. workers
- The employer must pay at least the prevailing wage for the position
- Common qualifying industries include: hospitality, landscaping, construction, seafood processing, ski resorts, and amusement parks
Application Process
File Temporary Labor Certification
The employer submits Form ETA 9142B and a recruitment plan to the DOL. DOL will post the job order and require the employer to conduct domestic recruitment.
Domestic Recruitment
The employer recruits U.S. workers as required by DOL, including newspaper advertisements and registration with the State Workforce Agency.
DOL Approves TLC
The DOL reviews recruitment results and issues the Temporary Labor Certification upon confirming insufficient U.S. workers are available.
File Form I-129
The employer files Form I-129 with USCIS along with the approved TLC. Petitions may be denied if the cap has been reached.
USCIS Adjudication
USCIS reviews the petition. If petitions exceed available visas, a random selection (lottery) is conducted.
Visa Stamping / Entry
Once approved, workers attend consular interviews to obtain H-2B visas and enter the United States.
Timeline Reference
| Stage | Duration |
|---|---|
| TLC Filing | Approximately 150 days before work start date |
| DOL Processing | Approximately 60 days |
| I-129 Filing | As soon as possible after TLC approval |
| USCIS Adjudication | 2-4 weeks |
| Initial Period of Stay | As authorized on TLC (up to 1 year) |
| Maximum Stay | 3 years (must depart for at least 3 months after) |
Frequently Asked Questions
What is the annual H-2B visa cap?
Congress has set the H-2B annual cap at 66,000 visas, split between 33,000 for the first half of the fiscal year (October 1 - March 31) and 33,000 for the second half (April 1 - September 30). Due to demand far exceeding the cap, DHS has frequently issued supplemental rules to make additional visas available in recent years. For example, FY2026 saw approximately 64,716 additional visas. The cap is often reached within a very short time after the filing window opens.
What is the H-2B returning worker provision?
A returning worker is one who held or was issued an H-2B visa in one of the three most recent fiscal years. Supplemental visa allocations issued by DHS often prioritize returning workers. In certain supplemental rules, returning workers are exempt from the regular H-2B annual cap. This is an important workforce planning tool for employers who regularly rely on H-2B workers.
What is the maximum period of stay on H-2B?
The maximum period of stay in H-2B status is 3 years. The initial approval period corresponds to the TLC duration, typically not exceeding 1 year, and may be extended up to a cumulative total of 3 years. After reaching the 3-year maximum, the worker must depart the United States for at least 3 months (a 90-day "cooling off" period) before becoming eligible for a new H-2B admission.
Can H-2B workers change to another visa status?
Yes. H-2B workers in the United States may apply for a change of status to another nonimmigrant classification (such as H-1B or F-1), provided they meet all requirements for that visa category. However, H-2B is not an immigrant visa and does not directly lead to a green card. If the employer is willing to sponsor the worker, they may pursue an EB-3 green card through the PERM labor certification process.
What are common reasons for H-2B denial?
Common denial reasons include: (1) cap reached — H-2B has an annual limit and excess petitions are denied or subjected to lottery; (2) the labor need does not qualify as "temporary" — the employer fails to demonstrate that the need is seasonal, peak-load, intermittent, or one-time; (3) insufficient domestic recruitment — DOL determines the employer did not adequately recruit U.S. workers; (4) employer labor law violations — 2025 regulations grant USCIS authority to deny petitions from employers with serious labor law violations; and (5) wages below the prevailing wage.
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