H-2B Temporary Non-Agricultural Worker

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.

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.

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.

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.

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.