Updated November 3, 2026

H-2B visa requirements: seasonal and temporary non-farm work

To hire H-2B workers, a US employer must show a temporary need for full-time, non-agricultural labor (35 or more hours a week), get a Temporary Labor Certification from the Department of Labor, and file Form I-129 with USCIS. The program has a statutory cap of 66,000 visas per fiscal year, and since January 17, 2025, workers no longer need to come from a designated eligible country.

Every rule below comes from USCIS, the Department of Labor and 8 CFR 214.2, checked on November 3, 2026, including the cap dates and the 2026 English rule for commercial drivers.

What is the H-2B visa program?

The H-2B program lets US employers and authorized US agents hire foreign workers for temporary non-farm jobs in the United States. Before filing a petition with USCIS, the employer must get a Temporary Labor Certification (TLC) from the Department of Labor (DOL), or from the Guam Department of Labor if the job is on Guam.

To grant the certification, the DOL must confirm two things. First, there aren't enough US workers who are able, willing, qualified and available to do the temporary work. Second, hiring H-2B workers won't hurt the wages and working conditions of similarly employed US workers.

The eligible countries list is gone. Many older guides say H-2B workers must come from a list of eligible countries. As of January 17, 2025, DHS regulations no longer require USCIS to consider whether an H-2B worker is a national of a designated eligible country.

What must the employer and the job meet?

The employer must be a bona fide US employer with a physical location in the United States, a way to be contacted for employment, and a valid Federal Employer Identification Number (FEIN). It must also have a real employer relationship with the workers, meaning it can hire, pay, fire, supervise or control their work. The job itself must be:

• Full-time: the DOL defines this as 35 or more hours per week.
• Non-agricultural: the duties must be non-agricultural labor or services within a specific area of intended employment.
• Temporary: the need can't be approved for longer than 9 months, except a one-time occurrence, which can last up to 3 years.

Two exceptions apply. Under the National Defense Authorization Act for Fiscal Year 2018 and later extensions, certain H-2B petitioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) don't have to show their need is temporary. And employers hiring Canadian musicians who will work within 50 miles of the US-Canadian border for 30 days or less can skip the DOL labor certification step.

What are the 4 types of temporary need?

The employer must prove its need for the labor is temporary, whether the underlying job is permanent or temporary. USCIS and the DOL accept one of four categories:

What must H-2B workers show?

Workers need a valid job offer from the petitioning employer and must meet every qualification for the role. When a petition names workers, the employer must include evidence that each one met the minimum education, training, experience or special skills listed on the labor certification at the time it was filed with the DOL. Under 8 CFR 214.2, the H-2B classification doesn't cover medical school graduates coming to work as members of the medical profession.

New English rule for commercial drivers. After Executive Order 14286 (April 28, 2025) and updated DOL guidance effective June 15, 2026, employers seeking certification for jobs that involve driving a commercial motor vehicle must include an English language proficiency standard. For named workers in these jobs, petitioners must send proof of English proficiency, such as standardized English test results or a signed attestation from the petitioner. Because the State Department has increased screening at consulates, USCIS will generally accept visas issued after June 15, 2026, as proof of English proficiency for commercial vehicle operators.

Before the embassy visit, our guide to documents required for a US visa interview helps you organize your own papers, and our US visa interview tips cover giving clear, honest answers to the consular officer.

How does the H-2B cap work?

Congress has set the H-2B cap at 66,000 visas per fiscal year. The fiscal year runs from October 1 to September 30, and the cap is split into two equal halves:

Unused numbers from the first half carry over to the second half of the same fiscal year, but never into the next fiscal year. Once the cap is reached, USCIS only accepts petitions for cap-exempt workers. On September 11, 2026, USCIS announced it had received enough petitions to reach the cap for the first half of FY 2027. September 4, 2026 was the final receipt date, so it rejects new cap-subject petitions received after that date for employment starting before April 1, 2027.

Who pays what?

• The employer pays its attorney or agent fees, the application and H-2B petition fees, recruitment costs and any fees tied to getting the labor certification. Under 20 CFR 655.20(o), none of these may be collected from the worker, including through wage deductions.
• Visa fees are reimbursed. Under 20 CFR 655.20(j)(2), the employer must pay or reimburse the worker in the first workweek for all visa, visa processing, border crossing and related fees, including government fees. Passport costs aren't included.
• Travel to the job. The employer must provide or reimburse transportation and subsistence to the place of employment once the worker completes 50 percent of the job order period.

What are the H-2B application steps?

The process runs through the DOL, USCIS, the State Department and US Customs and Border Protection (CBP). Most DOL filings go online through the Foreign Labor Application Gateway (FLAG).

A worked example, counted by our team, for a landscaping company that needs seasonal workers from April 1, the start of the second-half cap:

• By early November: request the prevailing wage determination, at least 60 days before it's needed.
• January 1 to January 16: file Form ETA-9142B and the SWA job order, 75 to 90 days before April 1.
• Until March 11: accept US worker referrals, up to 21 days before the start date.
• After DOL certifies: file Form I-129, then the approved workers book their consular interviews to arrive by April 1.

Can a recruiter or employer charge the worker fees?

No. As a condition of approval, no job placement fee, fee or penalty for breach of contract, or any other direct or indirect fee related to H-2B employment (called prohibited fees) may be collected from an H-2B worker at any time. Passing on a cost that by statute or regulation is the employer's, or deducting it from wages, also counts as collecting a prohibited fee.

USCIS will deny or revoke a petition if it finds that the petitioner, or any employee, agent, attorney, facilitator, recruiter or employment service, collected or agreed to collect prohibited fees before or after filing.

Filing bans for petitions filed on or after January 17, 2025. If USCIS denies or revokes a petition for prohibited fees, or the petitioner withdraws it after a notice of intent to deny or revoke on this basis, USCIS will deny any H-2A or H-2B petition from that employer or its successor for 1 year. After that, it will deny them for 3 more years unless every affected worker (or their authorized designee) has been fully reimbursed. By our count, that's up to 4 years in total across both programs if workers aren't repaid.

How long can an H-2B worker stay, and can family come?

USCIS generally grants H-2B status for the period on the labor certification. If the need continues, status can be extended in increments of up to 1 year, and each extension needs a new, valid labor certification covering the time requested.

The maximum stay in H-2B status is 3 years, and earlier time in other H or L classifications counts toward it. After 3 years, the worker must leave and stay outside the US for an uninterrupted 60 days before seeking H-2B status again. An uninterrupted absence of at least 60 days at any time resets the clock. Brief business or pleasure trips to the US don't interrupt the 60 days abroad, but those days in the US don't count toward the 60.

• Changing employers: under 8 CFR 214.2, an eligible H-2B worker lawfully in the US who hasn't worked without authorization can start the new job once the new employer properly files a nonfrivolous H-2B petition requesting an extension of stay, or on the requested start date, whichever is later.
• Family members: a spouse and unmarried children under 21 can seek admission in H-4 status. H-4 family members aren't allowed to work in the US.

What must employers do after filing?

Under rules effective January 17, 2025, USCIS can deny H-2B petitions if the petitioner (or its predecessor) was found to have committed certain serious labor law violations or broken H-2A or H-2B program rules. Our team's checklist of the record-keeping and reporting deadlines:

• Keep records for 3 years: all H-2B records, recruitment updates, final recruitment reports and the original Appendix B, counted from the date of certification, the denial decision, or DOL's receipt of a withdrawal letter.
• File one application per job: only one H-2B application for worksites within one area of intended employment for each job opportunity and period. Multiple filings for the same job trigger a Notice of Deficiency.
• Tell USCIS within 2 workdays of a no-show: a worker who doesn't report within 5 workdays of the petition's start date.
• Tell USCIS within 2 workdays of abandonment: a worker who leaves without notice and doesn't report for 5 consecutive workdays without the employer's consent.
• Tell USCIS within 2 workdays of early termination: a worker fired or terminated before finishing the work.
• Tell USCIS within 2 workdays of early completion: a worker who finishes more than 30 days before the end date on the petition.

A question to practice

"What work will you be doing in the United States, how long is the contract, and did you pay any fees to a recruiter to get this job?"

A strong answer covers: the job and dates on your approved petition, why the work is temporary, and a plain, honest answer about any fees you paid.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.