Understanding the H-2B Visa: Complete Guide to Temporary Non-Agricultural Work in the U.S.

The H-2B Temporary Non-Agricultural Workers Program, administered by the U.S. Citizenship and Immigration Services (USCIS), provides a solution for U.S. employers facing temporary labor shortages in non-agricultural sectors. From hospitality and landscaping to construction and amusement parks, this program allows companies to hire foreign workers to meet seasonal or short-term needs. Below is a practical and concise guide to the H-2B program, eligibility criteria, application process, and key considerations, based on information from the USCIS website.

Overview of the H-2B Program

The H-2B visa enables U.S. employers (or their authorized agents) to bring nonimmigrant foreign workers to the United States to perform temporary non-agricultural jobs. Unlike the H-2A visa (for agricultural workers), the H-2B program serves industries with seasonal, peakload, intermittent, or one-time labor demands. It is an essential tool for businesses that cannot find sufficient U.S. workers to fill these positions.

Eligibility Criteria

To qualify for the H-2B program, employers must prove that the need for workers is temporary and that hiring foreign workers will not adversely affect U.S. workers. The main requirements are:

1. Temporary Need — The employer must demonstrate that the job fits one of the four categories of temporary need.
2. No Adverse Effect — Hiring H-2B workers must not negatively impact the wages or working conditions of similarly employed U.S. workers.
3. Labor Certification — A valid Temporary Labor Certification from the U.S. Department of Labor (DOL) is required, confirming that no qualified U.S. workers are available and that employment conditions meet labor standards.

Application Process

The H-2B process involves multiple steps and coordination between the DOL and USCIS. Here is a step-by-step summary:

1. Obtain Temporary Labor Certification — The employer submits the Application for Temporary Employment Certification to the DOL, including details about the job, wages, and conditions.
2. File Form I-129 — After DOL approval, the employer submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS, specifying the job, number of workers, and employment period.
3. Visa Application — Approved workers apply for the H-2B visa at a U.S. embassy or consulate. Those already in the U.S. may request a change of status to H-2B.
4. Entry and Start of Work — Once the visa is granted, the worker can enter the U.S. and begin employment, typically for up to 1 year, with possible extensions in specific cases (maximum total stay of 3 years).

Annual Visa Cap

The H-2B program has a statutory annual limit of 66,000 visas per fiscal year, split equally between the first half (October 1 – March 31) and the second half (April 1 – September 30), with 33,000 each. Some workers, such as those in fish hatcheries or returning workers in certain situations, may be exempt from the cap. High demand often exceeds the limit, so employers must plan ahead. Note: For FY 2026, an additional 35,000 supplemental visas were announced by DOL and DHS, focused on critical sectors (details to be released via temporary final rule).

Employer Obligations

Employers using the H-2B program must:

• Pay the prevailing wage to H-2B workers
• Ensure safe working conditions in compliance with all laws
• Adhere to all labor and immigration regulations
• Notify USCIS within 2 workdays of any changes, such as early termination, no-shows, or changes in worksite

Advantages and Challenges

The H-2B program helps employers address urgent labor shortages, benefiting key industries in the local economy. For workers, it offers employment opportunities and income in the United States. On the other hand, challenges include the annual visa cap, the complex bureaucratic process, and the strict requirement for full compliance. Advance planning is essential to secure workers.

Conclusion

The H-2B Temporary Non-Agricultural Workers Program is a valuable tool for U.S. businesses facing temporary labor shortages in non-agricultural sectors. By meeting rigorous eligibility requirements and procedures, employers can access global talent while upholding fair labor standards. For complete and up-to-date information, visit the official USCIS website or consult immigration specialists.

This article is based on USCIS website information last reviewed/updated on December 12, 2025. For the most recent details, always refer to official USCIS sources.