H-2B Visa

The H-2B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for temporary non-agricultural jobs. It is commonly used by industries such as hospitality, construction, landscaping, forestry, and seafood processing when U.S. workers are unavailable.

Key Features of the H-2B Visa

  • Purpose:

    • To fill temporary or seasonal non-agricultural jobs when there are no sufficient U.S. workers available.
    • Examples: Hotel staff, landscapers, forestry workers, amusement park staff, and seafood processors.

  • Temporary Nature:

    • Jobs must be for a specific, temporary period, typically lasting up to 1 year.

  • Employer Sponsorship:

    • The U.S. employer must sponsor the foreign worker by filing a petition and demonstrating the need for temporary labor.

  • Worker Eligibility:

    • Workers must be from countries on the H-2B eligible countries list, as designated by the Department of Homeland Security (DHS).

  • Cap on Visas:

    • An annual limit (cap) of 66,000 H-2B visas:
      • 33,000 visas for jobs starting in the first half of the fiscal year (October 1 to March 31).
      • 33,000 visas for jobs starting in the second half of the fiscal year (April 1 to September 30).

Eligibility Requirements

For the Employer:

  1. Temporary Need:

    • The job must meet one of the following definitions of temporary need:
      • One-Time Occurrence: A unique, non-recurring situation.
      • Seasonal Need: Work tied to a specific season of the year.
      • Peak Load Need: Temporary need to supplement permanent staff during busy periods.
      • Intermittent Need: Occasionally requiring workers for short periods.

  2. Efforts to Hire U.S. Workers:

    • Employers must show they tried but were unable to hire U.S. workers for the position.

  3. Wages and Working Conditions:

    • Employers must pay the prevailing wage for the job and ensure the hiring of foreign workers does not negatively affect U.S. workers.

For the Worker:

  1. Eligible Nationality:
    • The worker must be from a country on the H-2B eligible countries list.
  2. Job Offer:
    • Workers must have a valid job offer from a U.S. employer.

Application Process

Step 1: Employer Obtains Temporary Labor Certification

  • The employer files a Temporary Labor Certification (Form ETA-9142B) with the U.S. Department of Labor (DOL).
  • The employer must demonstrate:
    • The need for temporary foreign workers.
    • That recruiting efforts for U.S. workers were unsuccessful.
    • The wage offered meets or exceeds the prevailing wage.

Step 2: Employer Files Form I-129

  • After obtaining labor certification, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
  • This petition must include:
    • Certified labor certification.
    • Evidence of temporary need.
    • Payment of filing fees.

Step 3: Worker Applies for H-2B Visa

  • Once USCIS approves the petition, foreign workers apply for an H-2B visa at a U.S. consulate or embassy.
  • Required Documents:
    • Valid passport.
    • Visa application form (DS-160).
    • USCIS approval notice (Form I-797).
    • Proof of job offer.
  • Workers must attend an interview as part of the visa application process.

Step 4: Entry to the U.S.

  • If the visa is approved, the worker can travel to the U.S. and begin employment on or after the start date specified in the petition.

Validity and Extensions

  • Initial Duration: Up to 1 year.
  • Extensions: Extensions can be granted in increments of up to 1 year, with a maximum total stay of 3 years.
  • After 3 years, workers must leave the U.S. for at least 3 months before applying for another H-2B visa.

H-2B Filing Fees

Employers are responsible for the following fees:

  1. Base Filing Fee:

    • $460 (Form I-129).

  2. Fraud Prevention and Detection Fee:

    • $500 (for initial petitions or when switching employers).

  3. Optional Premium Processing Fee:

    • $2,500 for expedited processing (decision within 15 calendar days).

Worker Rights

H-2B workers are entitled to:

  • Payment of the promised wage.
  • Reimbursement of travel expenses if the job lasts longer than 50% of the contracted period.
  • Safe and healthy working conditions.
  • Freedom from retaliation for reporting violations.

Limitations of the H-2B Visa

  • Cap Restrictions:
    • The annual limit of 66,000 visas may prevent some petitions from being approved.
  • Employer Dependency:
    • Workers can only work for the sponsoring employer. Changing jobs requires filing a new petition.
  • No Path to Permanent Residency:
    • The H-2B visa does not provide a direct pathway to a green card.

Eligible Countries

Workers must be from countries designated as H-2A eligible. Effective Nov. 8, 2024, nationals of the following countries are eligible to receive H-2A and H-2B visas:

AndorraEstoniaMadagascarSaint Lucia
ArgentinaThe Kingdom of EswatiniMaltaSan Marino
AustraliaFijiMauritiusSerbia
AustriaFinlandMexicoSingapore
BarbadosFranceMonacoSlovakia
BelgiumGermanyMongolia*Slovenia
BelizeGreeceMontenegroSolomon Islands
BoliviaGrenadaMozambiqueSouth Africa
Bosnia and HerzegovinaGuatemalaNauruSouth Korea
BrazilHaitiThe NetherlandsSpain
BruneiHondurasNew ZealandSt. Vincent and the Grenadines
BulgariaHungaryNicaraguaSweden
CanadaIcelandNorth MacedoniaSwitzerland
ChileIrelandNorwayTaiwan***
ColombiaIsraelPanamaThailand
Costa RicaItalyPapua New GuineaTimor-Leste
CroatiaJamaicaParaguay**Turkey
Republic of CyprusJapanPeruTuvalu
Czech RepublicKiribatiThe Philippines*Ukraine
DenmarkLatviaPolandUnited Kingdom
Dominican RepublicLiechtensteinPortugalUruguay
EcuadorLithuaniaRomaniaVanuatu
El SalvadorLuxembourg

*Mongolia and the Philippines are eligible to participate in the H-2B program but are not eligible to participate in the H-2A program.

**Paraguay is eligible to participate in the H-2A program but is not eligible to participate in the H-2B program.

***Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their stay in H-2 status on the basis of a petition filed on or after the date of publication of the Federal Register notice. Similarly, this notice would not affect the eligibility of an H-2 beneficiary to apply for an H-2 visa and/or seek admission to the United States based on an H-2 petition approved before the date of publication of the Federal Register notice. It does apply to nonimmigrants changing status in the United States to H-2A or H-2B. Each country’s designation is valid from Nov. 8, 2024, until Nov. 7, 2025. 

H-2B vs. H-2A

FeatureH-2B VisaH-2A Visa
PurposeNon-agricultural temporary workAgricultural temporary work
Cap66,000 visas annuallyNo cap
IndustriesHospitality, landscaping, etc.Farming, harvesting, etc.
Housing RequirementNot mandatoryEmployer must provide free housing