H-2B Visa: Requirements, Eligibility & How to Apply

The H-2B visa is a nonimmigrant temporary work visa for foreign nationals seeking employment in non-agricultural industries in the United States. It is employer-sponsored, meaning a U.S. employer must petition on the worker’s behalf before the foreign national can apply.

H-2B visas are subject to an annual cap of 66,000—split into two cycles of 33,000 each—and are available only for temporary positions that meet specific qualifying criteria. This article covers H-2B eligibility, the application process, and what both workers and employers need to know.

 

 

How to Apply for an H-2B Visa

The H-2B application process has three main steps, all of which are initiated by the employer:

1. Obtain a temporary labor certification from the U.S. Department of Labor (DOL), or from the Guam DOL if the position is located in Guam. This certification must be received before the petition can be filed.
2. File Form I-129 with USCIS on behalf of the employee. The original temporary labor certification must be included with the petition, along with the “final determination” page from the DOL FLAG system if applicable. Submitting original documents is not standard practice for most USCIS filings, but is required here; consulting an immigration attorney before filing is advisable.
3. Finalize the visa at the U.S. embassy or consulate in the employee’s home country. Applicants already present in the United States may instead apply through U.S. Customs and Border Protection (CBP).

 

Types of H-2B Visa Jobs

The H-2B visa covers temporary, non-agricultural positions across a wide range of industries. Agricultural employers seeking to hire foreign nationals should instead apply for an H-2A visa.

Industries that commonly use the H-2B program include:

• Construction
• Landscaping
• Restaurants and bars
• Hotels and hospitality
• Cruise lines
• Winter sports resorts
• Summer resorts, theme parks, and water parks
• Golf courses
• Seasonal janitorial and facilities positions

This list is not exhaustive; any temporary, non-agricultural position that meets the qualifying criteria may be eligible.

 

 

 

Qualifications for H-2B Applicants

To qualify for an H-2B visa, applicants must demonstrate eligibility for the specific position for which they are being recruited and show an intention to return to their home country when the visa expires. DHS maintains a list of countries whose nationals are routinely approved for H-2B visas, updated annually—current eligibility can be verified on the USCIS website. Nationals of countries not on the list may still be considered on a case-by-case basis if USCIS determines approval is in the national interest.

 

Qualifications for H-2B Employers

Employers must demonstrate that the position being filled is genuinely temporary. USCIS recognizes four categories of qualifying temporary need:

1. Seasonal Need: work that occurs on a recurring annual cycle tied to a particular season
2. One-time Occurrence: a temporary need arising from an unusual event, such as covering for an employee on medical leave
3. Peak-Load Need: a year-round position that requires additional staffing during a specific high-demand period
4. Intermittent Need: positions that are consistent in nature but staffed on a short-term basis

Employers must also file the following forms with the DOL before petitioning USCIS:

• Form ETA-9155, Application for H-2B Registration
• Form ETA-9141, Application for Prevailing Wage Determination
• Form ETA-9142, Application for Temporary Employment Certification

To establish that no qualified U.S. workers are available, employers must conduct a recruitment process and keep the position open for a minimum of 21 days before hiring foreign nationals.

Employers are also required to provide H-2B workers with:

• Wages equal to or greater than what the employer pays U.S. workers in the same position
• At least three meals per day, or access to cooking facilities (a reasonable meal charge may apply)
• Transportation to and from the worksite for employees living off-site

 

 

H-2B Eligible Countries

DHS maintains an annual list of countries whose nationals are routinely approved to participate in the H-2B program. The list is updated each year based on factors including a country’s cooperation in accepting returned nationals subject to removal orders, visa overstay rates, and compliance with H-2B program terms. Nationals of countries not on the current list may still be considered for H-2B visas on a case-by-case basis if USCIS determines approval is in the national interest.

The current H-2B eligible countries list is available on the USCIS website and should be consulted before filing, as designations change annually.

 

H-2B Visa Duration and Extensions

H-2B visa holders may remain in the United States for the period covered by the temporary labor certification, up to one year. Extensions are available in one-year increments, but the total period of stay in H-2B status, including extensions, cannot exceed three years. Time spent in the U.S. under other H or L visa classifications counts toward this three-year maximum.

After reaching the three-year maximum, a departure from the United States of at least three months is required before a new H-2B visa can be obtained.

 

H-2B Visa Requirements and Evidence

Once Form I-129 is approved, the foreign national must finalize the visa at a U.S. embassy or consulate. The following documents are typically required:

• H-2B visa approval notice
• Job offer from the U.S. employer
• Valid passport
• Two passport-size photos
• Form DS-160 confirmation page and receipt
• Filing fees
• Evidence of intent to return home after the visa expires, such as a lease agreement, employment contract, or other binding ties to the home country

Requirements may vary by country and individual circumstance. The relevant U.S. embassy or consulate website should be consulted for location-specific instructions before the appointment.

 

 

H-2B Visa Cap

The H-2B program is subject to an annual statutory cap of 66,000 visas, divided equally across two cycles of 33,000 each:

1. First cycle: positions with a start date of October 1 through March 31
2. Second cycle: positions with a start date of April 1 through September 30

If the cap for the first cycle has not been reached, unused visas may carry over to the second cycle within the same fiscal year. However, unused visas do not carry over between fiscal years; applicants who are not selected must reapply in the first cycle of the following fiscal year.

Each cycle has a final receipt date, which is the date USCIS has received enough petitions to reach the cap. Petitions received after the final receipt date will not be processed for that cycle.

 

Differences Between H-2A and H-2B Visas

The primary distinction between the two visa categories is the type of work involved: the H-2A visa is exclusively for agricultural workers, while the H-2B visa covers non-agricultural temporary positions. The other key difference is the cap: H-2B visas are subject to the 66,000 annual limit described above, while H-2A visas have no numerical cap.

 

 

Contact an Immigration Attorney

The H-2B application process involves coordination between an employer and multiple government agencies, strict filing deadlines, and documentation requirements that vary by situation. Unlike some other work visa categories, the H-2B visa does not provide a straightforward path to permanent residency; those interested in long-term immigration options should consult an attorney about alternative pathways.

Scott D. Pollock & Associates, P.C. has represented clients in immigration matters for over 30 years, assisting both employers and workers with nonimmigrant visa petitions nationwide.

Call 312.444.1940 or fill out our online contact form to discuss your situation with an experienced immigration attorney.