US H-2B temporary non-agricultural worker visa

Who it's for

The H-2B visa is designed for foreign nationals offered a temporary, non-agricultural job by a US employer who has been unable to fill the role with US workers. It suits people willing to work abroad for a defined season or project rather than settle permanently.

• Seasonal hospitality, resort and tourism staff
• Landscaping and groundskeeping workers
• Seafood and food processing workers
• Construction and amusement/carnival workers
• Other non-farm roles with a genuinely temporary need

Eligibility requirements

Eligibility rests largely on the employer proving a temporary need and meeting labour-market tests. The worker must be coming to fill the certified position and intend to leave the US when the authorised stay ends.

• The employer has an approved temporary labour certification from the US Department of Labor
• The employer's need is temporary, based on a one-time occurrence, seasonal, peak-load or intermittent need
• The employer has shown that qualified US workers are not available and that hiring H-2B workers will not adversely affect wages or working conditions of similar US workers
• The employer offers at least the highest of the prevailing wage or applicable federal, state or local minimum wage
• The worker intends to return home when the period of authorised stay ends

How to apply

The H-2B process has distinct stages and the first steps are the employer's responsibility.

• Employer requests a prevailing wage determination and obtains temporary labour certification from the Department of Labor
• Employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS
• After the petition is approved, the prospective worker abroad completes the DS-160 online nonimmigrant visa application
• The worker pays the visa fee, schedules and attends a visa interview at a US embassy or consulate, and provides biometrics
• On approval, the worker travels to the US; a CBP officer decides admission at the port of entry

Annual cap and timing

Congress caps H-2B visas at 66,000 each fiscal year, divided into two halves: 33,000 for jobs starting between 1 October and 31 March, and 33,000 for jobs starting between 1 April and 30 September. Unused numbers from the first half can carry into the second half of the same fiscal year.

Because demand often exceeds the cap, USCIS and DHS have in recent years released additional supplemental visas for some fiscal years. Availability changes annually, so applicants and employers should check the current USCIS cap-count pages before relying on a start date.

Duration, extensions and family

An H-2B classification is generally granted for the period of the approved temporary labour certification. It can be extended in increments of up to one year each, with a fresh valid labour certification for each extension, up to a maximum of three years.

After holding H-2B status for a total of three years, a worker must leave the US and remain outside the country for an uninterrupted period of at least 60 days before seeking readmission in the category. Spouses and unmarried children under 21 may apply for H-4 status to accompany the worker, but H-4 dependants are not permitted to work on that status.