Last updated Sep 21, 2026 · 4 min read

The H-2B Seasonal Worker Visa

Temporary nonagricultural work: employer eligibility, the annual cap, application stages and worker protections.

TR Immigration Team

Overview: H-2B is for temporary nonagricultural employment sponsored by a qualifying U.S. employer. It is used for work such as seasonal hospitality, landscaping, and seafood processing when the employer meets the program’s requirements. It is not a general visa for anyone seeking a U.S. job.

The employer’s temporary need

The employer must document a qualifying one-time, seasonal, peak-load, or intermittent need. The employer’s need matters, not just the length of the worker’s proposed contract.

For example, a resort may need extra housekeeping staff during a documented tourist season. A business with an ongoing permanent staffing shortage cannot establish H-2B eligibility simply by offering nine-month contracts.

The job must meet the applicable wage and full-time requirements. The employer must recruit as required and establish that there are insufficient available qualified U.S. workers and that foreign hiring will not adversely affect similarly employed U.S. workers.

The annual cap is a separate hurdle

The regular statutory limit is 66,000, generally divided between the two halves of the fiscal year. Some workers are exempt from that cap. Supplemental allocations may be authorized for a particular fiscal year with their own eligibility, dates, and conditions.

A does not reserve a cap number. USCIS cap notices identify availability for the requested start dates. Supplemental allocations and returning-worker provisions are specific to their governing authorization; a past year’s allocation does not automatically apply in a later year. Job eligibility alone does not establish cap availability. USCIS reported that it received enough petitions to reach the first-half fiscal year 2027 cap, with September 4, 2026 as the final receipt date for new cap-subject petitions requesting start dates before April 1, 2027, according to TR Immigration’s report.

Application steps

The employer obtains the required prevailing-wage determination and follows the job-order, recruitment, and temporary labor-certification process.
After certification, the qualifying files Form I-129 with USCIS and demonstrates any claimed cap exemption or supplemental eligibility.
Once the petition is approved, a worker abroad applies for the visa if required, normally using DS-160 and the consulate’s instructions.
The worker seeks admission, checks the classification and end date, and works only as authorized.

Each stage has its own evidence and timetable. Department of Labor certification is not a visa, and USCIS does not accelerate recruitment or consular appointments.

Written job terms and worker protections

Written terms identify the employer, worksite, duties, dates, wage, expected hours, deductions and transportation arrangements. The job order, recruiter messages, receipts and wage records document the approved arrangement and actual employment.

Prohibited recruitment and placement fees cannot lawfully be shifted to workers. Transportation, visa-related expenses, and other costs have specific employer-payment or reimbursement rules. H-2B does not generally provide the same free-housing requirement as H-2A. Housing costs and deductions depend on the applicable terms and rules.

The Department of Labor explains wage protections, disclosures and employer obligations. Appropriations restrictions and litigation have affected some provisions, so the operative guidance can differ from older descriptions. The Wage and Hour Division receives inquiries about unpaid wages or prohibited fees at 1-866-487-9243.

Staying and changing jobs

An approval covers the temporary need and authorized dates. Most labor-certification needs cannot exceed nine months; a qualifying one-time occurrence has a separate rule. This is different from the overall H-2 maximum stay, generally three years.

The DHS rule effective January 17, 2025 removed the former general eligible-country-list restriction and changed the reset period to at least 60 uninterrupted days abroad. Older country lists and three-month reset descriptions do not reflect the revised rule.

Eligible H-2 workers may use portability after a qualifying new employer properly files a nonfrivolous petition and the other conditions are met. A job offer alone is insufficient. Petition denial or withdrawal can end that authorization.

Limited grace periods may allow an eligible worker time for departure or another lawful option after employment ends. They do not authorize unrestricted employment. The termination date, petition validity, I-94 and any new filing determine the applicable timing questions.

Family and future immigration

A spouse and unmarried children under 21 may qualify for H-4. Their status does not authorize work as dependents of an H-2B worker. Each family member needs the correct documents and must observe their own authorized stay.

An H-2B job does not automatically lead to permanent residence. A permanent position requires an independent immigrant-category basis, and a pending immigrant case does not automatically maintain temporary status.