The H-2B visa allows US employers to bring foreign workers for temporary non-agricultural jobs when qualified US workers are unavailable. With a 66,000 annual cap and complex DOL/USCIS requirements, both employers and workers need to understand the system.
The H-2B nonimmigrant visa allows US employers to hire foreign workers for temporary, non-agricultural positions when they can demonstrate that qualified US workers are not available. The need must be:
| Period | Cap Slots | Start of Need Date | Typical Cap Exhaustion |
|---|---|---|---|
| First Half FY | 33,000 | Oct 1 – Mar 31 | Cap fills by January |
| Second Half FY | 33,000 | Apr 1 – Sep 30 | Cap fills by March/April |
| Supplemental Allocation (if issued) | Varies (often 20,000–65,000) | Announced separately | Fills within days of release |
Identify start of need date (the date work begins). The petition must be filed no more than 120 days before the date of need. Early filing is critical given how fast the cap fills.
Submit a job order to the State Workforce Agency (SWA) in your state at least 60 days before date of need. The SWA recruits US workers first.
File Form ETA-9142B with DOL's National Processing Center. This is the temporary labor certification showing no qualified US workers are available. DOL issues a prevailing wage for the position.
Employer must conduct good-faith recruiting per DOL requirements including newspaper ads and direct contact with former US employees.
DOL reviews recruitment results and issues the temporary labor certification if satisfied. This typically takes 30–60 days.
File Form I-129 with H Classification Supplement and DOL certification. USCIS adjudicates the petition, usually 3–5 months standard, 15 days premium.
Once USCIS approves, workers apply for H-2B visa stamps at US consulates in their home countries (must be on the eligible countries list).
| Obligation | Requirement |
|---|---|
| Wages | Pay at least the prevailing wage set by DOL for the occupation and area |
| Housing (if provided) | Must meet applicable federal and state safety standards |
| Transportation | Pay inbound transportation costs if employment lasts more than half the contract period |
| Three-fourths guarantee | Must offer work for at least 3/4 of workdays in the contract period |
| Return transportation | Pay for return transportation if worker completes the contract |
| Prohibited fee-charging | Cannot charge workers for petitions, attorney fees, or recruitment |
DHS annually publishes a list of eligible countries whose nationals can participate in the H-2B program. Countries are designated based on repatriation cooperation and low overstay rates. The 2026 list includes approximately 85 countries.
Major source countries include Mexico (by far the largest source), El Salvador, Guatemala, Honduras, Jamaica, Philippines, and several Eastern European nations. Citizens of non-listed countries may be approved in exceptional circumstances at USCIS discretion.
Sumit covers US work visa strategies, immigration pathways, and career navigation for foreign professionals. His guides help both employers and workers understand the full US temporary worker visa landscape.