The H-2B is the US’s temporary visa for non-agricultural seasonal or peak-load work — hotels, landscaping, seafood processing, construction, forestry, and similar industries that need workers for a defined period, not year-round. Unlike the H-1B, there’s no lottery from the worker’s side: the employer drives the whole process, and the visa is capped, seasonal, and tied to a specific job and employer in a way that trips up applicants used to reading about H-1B or L-1 rules. Here’s how it actually works in 2026.
Who the H-2B is for
You need a US employer sponsor with a genuine temporary need — defined by law as seasonal, peak-load, intermittent, or a one-time occurrence — for work that is itself non-agricultural (agricultural seasonal work falls under the separate H-2A category). There’s no degree or skill threshold like H-1B’s specialty-occupation test; eligibility centers on the nature of the job being temporary, not on the worker’s qualifications. You cannot self-petition — the employer files on your behalf, and your status is tied to that specific job and employer.
The annual cap
Congress sets the statutory H-2B cap at 66,000 visas per fiscal year, split into two halves:
- 33,000 for workers starting employment October 1 – March 31 (first half of the fiscal year)
- 33,000 for workers starting employment April 1 – September 30 (second half)
Unused numbers from the first half roll into the second half of the same fiscal year, but any unused numbers do not carry over into the next fiscal year. Congress has also authorized supplemental H-2B visas above the statutory cap in most recent years — for FY2026, a substantial additional allocation was released on top of the 66,000 base cap — but supplemental numbers are a discretionary, year-by-year add-on, not a permanent feature of the program. Confirm the current fiscal year’s supplemental allocation and whether the cap has already been reached before an employer commits to an H-2B start date, since cap-reached announcements from USCIS can land mid-season.
The process: labor certification first, then the petition
H-2B is a two-agency process, and the order matters:
- Temporary labor certification (Department of Labor). The employer must first prove to DOL, via Form ETA-9142B, that there are no able, willing, and qualified US workers available for the position, and that hiring foreign workers won’t adversely affect wages and working conditions of similarly employed US workers. This includes a mandatory recruitment step — the job must actually be advertised domestically first.
- Petition for a Nonimmigrant Worker (USCIS, Form I-129). Only after DOL certification is approved can the employer file Form I-129 with USCIS, requesting H-2B classification and a specific number of worker slots.
- Visa application (State Department, for applicants abroad). Once USCIS approves the petition, workers outside the US apply for the H-2B visa stamp at a US embassy or consulate, including the standard DS-160 and interview.
Fees (2026)
Government filing costs are the employer’s responsibility, not the worker’s, and include:
- USCIS I-129 filing fee: $460
- Fraud prevention and detection fee: $150
- Optional premium processing: $1,780, if the employer wants USCIS to adjudicate within an expedited window rather than standard processing time
Workers should not be asked to pay recruitment or labor-certification-related fees — US law prohibits employers from shifting these specific costs onto H-2B workers, which is worth knowing if a recruiter asks for payment tied to “guaranteeing” a certified position.
Duration and renewal
H-2B status is granted for the length of the certified temporary need, typically up to one year, and can be extended in increments tied to the employer’s continuing certified need — but total time in H-2B status generally caps at 3 years, after which a mandatory time abroad applies before returning on H-2B again.
What trips people up
The most common failure point isn’t the worker’s eligibility — it’s employer-side: incomplete or late labor certification recruitment, filing after cap numbers for the relevant half-year are exhausted, or a job description that doesn’t clearly establish temporary need under one of the four statutory categories. Workers should also be cautious of intermediaries who promise placement outside a specific, DOL-certified job order — H-2B status is only valid for the certified employer and role, and working elsewhere is a status violation.
FAQ
Can I change employers on an H-2B visa? Only if the new employer files its own H-2B petition on your behalf and it’s approved — there’s no general portability like some other work categories allow.
Can my family join me? Spouses and unmarried children under 21 can accompany you on H-4 status, but H-4 dependents of H-2B workers are not authorized to work.
Is there a path from H-2B to a green card? Not directly — H-2B is a temporary, non-immigrant category with no built-in immigrant intent path. Some workers later qualify for other categories independently, but that’s a separate process, not an extension of H-2B status.
This is preparation guidance, not legal advice — cap counts, supplemental allocations, and fees change by fiscal year, so confirm current status at uscis.gov before an employer or worker commits to a timeline. For other US work-visa categories, see our H-1B guide and L-1 visa guide. VisaMet’s AI assistant is built to help track multi-agency, deadline-sensitive processes like this one — join the waitlist to get early access.