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H-2B Temporary Non-Agricultural Workers

H-2B Program Overview

The H-2B visa program allows U.S. employers to bring foreign nationals to fill temporary non-agricultural positions when sufficient U.S. workers are not available. Subject to an annual cap of 66,000 visas, the program serves critical seasonal industries including hospitality, landscaping, construction, and seafood processing.

Program Features

  • • Temporary work authorization for non-agricultural jobs
  • • Up to 1 year initial stay with possible extension
  • • Returning worker cap exemption available
  • • Family members eligible for H-4 status
  • • Premium processing available for urgent needs
  • • Seasonal, peakload, and intermittent work qualifying

2025 Program Statistics

  • • 66,000 annual statutory cap + 64,716 supplemental visas
  • • 130,716 total H-2B visas available for FY 2025
  • • Semi-annual allocation: 33,000 per half-year
  • • Average approval rate: 94% for complete applications
  • • Top industries: hospitality, landscaping, seafood processing
  • • Returning worker exemption: ~40% of all H-2B workers

Worker Eligibility Requirements

H-2B Worker Qualification Criteria

  • Must be a national of a country designated by DHS for H-2B participation
  • Must have a residence in a foreign country which has no intention of abandoning
  • Must be coming to the United States to perform temporary non-agricultural work
  • Must have a valid job offer from a U.S. employer with DOL temporary labor certification
  • Must demonstrate ability to perform the work specified in the petition
  • Work must be temporary in nature: one-time occurrence, seasonal, peakload, or intermittent

Eligible Countries for H-2B Program

DHS Designated Countries (2025)

Workers must be nationals of countries designated by the Department of Homeland Security:

Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Bulgaria, Canada

Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic

Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala

Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Latvia

Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Moldova, Monaco, Montenegro

Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama, Paraguay

Peru, Philippines, Poland, Portugal, Romania, Serbia, Slovak Republic, Slovenia

South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, Turkey

Ukraine, United Kingdom, Uruguay

Note: Haiti and El Salvador have special designation restrictions due to program integrity concerns. Madagascar was recently removed from the list.

Temporary Nature of Work Requirements

Qualifying Temporary Work Categories

  • One-time occurrence: Specific project or event with definite beginning and end
  • Seasonal need: Work tied to specific season or time of year (less than 12 months)
  • Peakload need: Temporary increase in demand for services or products
  • Intermittent need: Work that occurs occasionally or irregularly
  • Maximum duration: Generally 1 year, with possible extension in limited circumstances
  • Recurring annual need: May qualify if seasonal pattern established over multiple years

Common H-2B Occupations and Industries

Typical H-2B Job Categories

  • Hospitality and Tourism: Resort workers, hotel staff, restaurant workers, tour guides
  • Landscaping and Groundskeeping: Landscape laborers, tree planters, golf course maintenance
  • Construction and Building: Roofers, carpenters, concrete workers (non-permanent projects)
  • Seafood and Fish Processing: Crab processors, oyster shuckers, fish plant workers
  • Amusement and Recreation: Amusement park workers, camp counselors, lifeguards
  • Forest and Logging: Tree planters, forest fire fighters, timber workers
  • Winter Sports: Ski instructors, snow removal crews, winter resort staff
  • Carnival and Fair Workers: Ride operators, game attendants, food service staff

H-2B Cap and Allocation System

Annual H-2B Visa Cap Structure

  • Annual statutory cap: 66,000 H-2B visas per fiscal year
  • Semi-annual allocation: 33,000 for first half (Oct 1 - Mar 31), 33,000 for second half (Apr 1 - Sep 30)
  • Returning worker exemption: Workers counted toward cap in previous 3 years may be exempt
  • Supplemental cap: DHS may authorize additional visas if economically justified
  • FY 2025: Additional 64,716 visas authorized beyond statutory cap
  • Priority allocation: Certain states and employers receive preference in lottery system

FY 2025 Cap Timeline and Deadlines

First Half (Oct 1 - Mar 31):

  • • DOL applications accepted: June 1
  • • USCIS petitions filing: January 1
  • • Lottery registration: December 1-7
  • • Cap typically reached: First week of January
  • • Work start date: October 1 earliest

Second Half (Apr 1 - Sep 30):

  • • DOL applications accepted: January 1
  • • USCIS petitions filing: April 1
  • • Lottery registration: March 1-7
  • • Cap typically reached: First day of filing
  • • Work start date: April 1 earliest

Returning Worker Cap Exemption

H-2B Returning Worker Benefits

  • Definition: Workers counted against H-2B cap in any of the previous 3 fiscal years
  • Exemption benefit: Not counted against current year's 66,000 cap
  • Employer requirement: Must name specific returning workers in petition
  • Documentation needed: Evidence of previous H-2B employment in past 3 years
  • Same employer requirement: Must return to work for same petitioning employer
  • Gap allowance: Brief gaps in employment do not disqualify returning worker status

Returning Worker Strategy

The returning worker exemption is crucial for employers who want to rehire successful H-2B workers. Key advantages include:

  • • Not subject to cap limitations or lottery system
  • • Can file petitions any time during the year
  • • Higher approval rates due to established work history
  • • Reduced recruitment requirements in some cases
  • • Workers familiar with job duties and workplace culture

H-2B Application Process

Complete H-2B Petition and Visa Process

1

Employer Files Labor Certification (DOL)

U.S. employer must file Form ETA-9142B with Department of Labor, demonstrating temporary need and unavailability of qualified U.S. workers.

60-90 days
Required Documents:
  • •Form ETA-9142B Application for Temporary Employment Certification
  • •Job order with State Workforce Agency (SWA)
  • •Recruitment report showing efforts to hire U.S. workers
  • •Evidence of temporary nature of work
  • •Prevailing wage determination
2

DOL Reviews and Certifies Application

Department of Labor reviews temporary labor certification, ensuring recruitment requirements met and wages comply with standards.

30-60 days
Required Documents:
  • •Evidence of recruitment efforts and results
  • •Prevailing wage compliance documentation
  • •Business necessity justification
  • •Temporary work period justification
3

Employer Files USCIS Petition (Form I-129)

After DOL certification, employer files Form I-129 with USCIS. Must be received by USCIS before cap is reached.

15-30 days (premium processing available)
Required Documents:
  • •Form I-129 Nonimmigrant Worker Petition
  • •Approved temporary labor certification from DOL
  • •Evidence of temporary nature and duration of work
  • •Job description and worker qualifications
  • •Evidence of employer's ability to pay wages
4

Workers Apply for H-2B Visa

After USCIS approval, workers apply for H-2B visas at U.S. consulates. Visa availability subject to cap limitations.

15-45 days
Required Documents:
  • •Form DS-160 Online Nonimmigrant Visa Application
  • •Valid passport
  • •Copy of approved I-129 petition
  • •Job offer letter from U.S. employer
  • •Evidence of ties to home country
  • •Visa application fee payment
5

Entry to United States

H-2B workers present visas and supporting documents to CBP for inspection and admission for authorized work period.

Day of travel
Required Documents:
  • •Valid H-2B visa in passport
  • •Form I-94 arrival/departure record
  • •Job offer letter and employer contact information
  • •Evidence of temporary stay intent

Wage Requirements and Labor Standards

H-2B Wage Determination Standards

  • Prevailing wage: Must pay wage paid to similarly employed workers in area of intended employment
  • Minimum wage: Must pay federal, state, or local minimum wage, whichever is highest
  • Required rate: The highest of prevailing wage, federal minimum wage, state minimum wage, or local minimum wage
  • Overtime: Subject to Fair Labor Standards Act overtime requirements
  • Pay frequency: Must follow normal payroll practices, typically weekly or bi-weekly
  • Deductions: Limited deductions allowed, must not reduce wages below required minimum

Important Considerations and Common Issues

Employer Best Practices

  • • File DOL application as early as possible
  • • Register for USCIS lottery immediately when open
  • • Maintain detailed records of recruitment efforts
  • • Consider returning worker exemption strategy
  • • Ensure wage compliance throughout employment
  • • Plan for potential cap limitations and alternatives

Common Application Problems

  • • Late filing causing exclusion from cap consideration
  • • Insufficient evidence of temporary nature of work
  • • Inadequate U.S. worker recruitment efforts
  • • Wage rates below prevailing wage standards
  • • Missing or incomplete supporting documentation
  • • Failure to properly identify returning workers

2025 Program Updates and Changes

  • • Electronic lottery system for cap registration
  • • Enhanced fraud detection and employer verification
  • • Improved coordination between DOL and USCIS processing
  • • Additional supplemental cap of 64,716 visas authorized
  • • Streamlined returning worker petition process
  • • New employer compliance monitoring requirements

Legal Considerations and Compliance

Important Legal Notice

H-2B visa applications involve complex Department of Labor regulations, USCIS cap procedures, and employment law compliance. The competitive cap environment requires strategic planning and precise timing. Both employers and workers should consult with experienced immigration attorneys who specialize in temporary worker programs.

For Employers

  • • Start planning 6-8 months before workers needed
  • • Understand lottery and cap timing requirements
  • • Maintain I-9 compliance and payroll records
  • • Consider alternative visa options if cap reached
  • • Develop returning worker retention strategies
  • • Budget for legal and filing costs ($5,000-$10,000 per case)

For Workers

  • • Understand temporary nature of employment
  • • Maintain ties to home country
  • • Keep employment records for returning worker status
  • • Follow all terms of employment authorization
  • • Understand rights regarding wages and working conditions
  • • Plan for potential delays due to cap limitations

Additional Resources

Department of Labor H-2B Program

Official DOL information on temporary labor certification for H-2B workers

Visit DOL(opens in new tab)

USCIS H-2B Information

Official USCIS guidance on H-2B petitions, cap procedures, and processing

Visit USCIS(opens in new tab)

H-2B Cap Registration

USCIS electronic registration system for H-2B cap lottery participation

Registration System(opens in new tab)

Form ETA-9142B Application

DOL temporary labor certification application form for H-2B workers

Access Forms(opens in new tab)