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H-2B Temporary Non-Agricultural Worker Visa

Temporary visa for foreign workers filling non-agricultural positions that are seasonal, peak-load, intermittent, or one-time in nature.

134,513

Visas Issued FY2023

66,000

Annual Cap

Seasonal / Temporary

Type

What is the H-2B Visa?

The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when U.S. workers are unavailable. Common industries include landscaping, hospitality, forestry, seafood processing, and construction. The program has an annual cap of 66,000 visas, split between the first and second halves of the fiscal year. Employers must prove the need is genuinely temporary and that hiring foreign workers will not harm U.S. workers.

Eligibility Requirements

Job must be non-agricultural and genuinely temporary (seasonal, peak-load, intermittent, or one-time)
Employer must demonstrate insufficient U.S. workers available for the position
Employer must show that employing H-2B workers will not adversely affect wages and conditions of U.S. workers
Workers must intend to return to their home country when the authorized period ends

Application Process

1

Employer files a temporary labor certification application with the Department of Labor

2

Employer conducts required recruitment of U.S. workers

3

Upon DOL certification, employer files Form I-129 petition with USCIS

4

Worker applies for H-2B visa at a U.S. Embassy or Consulate

5

Worker enters the U.S. and begins authorized employment for the petitioning employer

Duration of Stay

Up to 1 year, extendable in 1-year increments up to 3 years total

Frequently Asked Questions

QHow is the H-2B annual cap divided?

The 66,000 annual cap is split into two halves: 33,000 for workers who begin employment in the first half of the fiscal year (October 1 through March 31), and 33,000 for the second half (April 1 through September 30). Congress sometimes authorizes supplemental H-2B visas beyond the cap.

QWhich industries commonly use H-2B workers?

The most common industries include landscaping and groundskeeping, hospitality and tourism (hotels, resorts, amusement parks), forestry and conservation, seafood processing, construction, and carnival/fair operations. The work must be genuinely temporary in nature.

QWhat is the difference between H-2A and H-2B?

H-2A is exclusively for temporary agricultural work and has no annual cap, while H-2B covers all other temporary non-agricultural work and is subject to a 66,000 annual cap. H-2A employers must provide free housing; H-2B employers generally do not have this requirement.

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