Confusing requirements, strict timelines, and limited visa availability are all major hurdles to getting an H-2B visa in the US. Whether you’re a business facing peak-season staff shortages or a worker looking to expand your horizons, this can be frustrating.
That’s why we’ve created this guide to show you everything you need to know to improve your chances of success—from eligibility criteria and required documentation to deadlines. At Remitly, we’re here to make applying for your H-2B visa as simple as possible.
H-2B: the temporary non-agricultural worker visa
The H-2B visa is a temporary residence document that enables employers to hire foreign nationals for short-term, non-agricultural jobs when qualified US workers are unavailable.
It’s designed to address temporary labor shortages in industries like hospitality, landscaping, construction, and seafood processing. The visa ensures employers can recruit additional hands during peak seasons while safeguarding the employment conditions of domestic workers.
What is the yearly limit for H-2B visas?
The H-2B program is capped at 66,000 visas annually, divided equally between the first and second halves of the fiscal year.
In other words, up to 33,000 foreign workers can receive this visa to work between October 1 and March 31, and a further 33,000 can be issued the document from April 1 to September 30.
H-2B visa validity period
H-2B visas are generally granted for the duration specified in the employer’s Temporary Labor Certification (TLC), typically for up to one year. It’s possible to get an extension, but your employer will have to submit a request at the end of each additional year, plus all the relevant documents needed for a TLC.
As a visa holder, you’re allowed to stay in the US continuously for a maximum of three years. When you reach this limit, you must leave the country for at least three consecutive months before reapplying for another H-2B visa.
This means that the H-2B visa isn’t a direct route to US immigration. You would need to follow another, dedicated route to get a green card.
Benefits of having a seasonal work visa in the US
The H-2B visa gives both US employers and international workers looking for temporary employment some great perks.
On the employer side, the H-2B program gives businesses the ability to address seasonal or peak-load labor shortages by hiring foreign laborers when qualified US workers aren’t available. This is helpful in industries where demand fluctuates throughout the year.
For example, a beach hotel that gets more bookings in summer or ski resorts that welcome more guests in winter can maintain excellent levels of service by opening up H-2B visa jobs. This allows them to scale their workforce efficiently without the long-term commitment of permanent hires.
When it comes to workers, the H-2B visa gives foreign nationals the opportunity to gain US work experience, develop new skills, earn competitive wages, and build up an emergency savings fund. Workers can also apply for a visa extension or return for multiple seasons, leading to better employment prospects when they return to their home countries.
H-2B visa requirements
Employers and workers must meet specific criteria to qualify for the H-2B visa program, so it’s helpful to understand the requirements on both sides. In the following sections, we’ll break down what’s expected from each party.
Requirements for employers
To qualify for the H-2B program, US employers must show they have a temporary need for additional labor that falls into one of these four categories:
- One-time occurrence: A unique situation requiring temporary labor
- Seasonal or temporary need: A recurring pattern tied to seasonality
- Peak-load demand: A temporary increase in demand requiring supplemental staff
- Intermittent need: Sporadic demand without the need for permanent workers
In addition to showing proof of this demand, employers must obtain a TLC from the Department of Labor (DOL). This document confirms that there are insufficient qualified US workers available to meet the demand, and that hiring foreign workers won’t adversely affect the wages and working conditions of US workers.
Here, the employer must request a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center to ensure the offered wages meet local standards. They will also fill a job order with the State Workforce Agency and provide evidence of their efforts to hire US workers.
Once they have this information on hand, they can submit Form ETA-9142B to the DOL with all of their supporting documentation. If the DOL approves the application, the employer must then file Form I-129 and the approved TLC with the US Citizenship and Immigration Services (USCIS).
Requirements for workers
The first thing workers need to qualify for an H-2B visa is a job offer from a qualified US employer. This simply means that the employer has obtained a TLC for temporary non-agricultural work from the DOL.
The worker must also be able to show that they have the necessary skills, experience, or education required for the role.
This visa is only available to applicants who are nationals of a country designated as eligible for the H-2B program by the Department of Homeland Security. Currently, these include South Africa, Mexico, the Philippines, and others.
If you and your potential employer meet these requirements, you can apply for an H-2B visa at a US Embassy or Consulate in your home country. You’ll be required to attend a visa interview for approval.
Which documents are needed when applying for an H-2B visa?
A lot goes into applying for an H-2B visa, especially when it comes to documentation. To support your application, you’ll need to gather and submit a range of supporting materials that help you demonstrate your eligibility and the legitimacy of the job:
- Passport: Must be valid for at least six months beyond your intended stay in the US
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- Passport photograph: A recent photo that meets US visa standards
- Form I-129: The USCIS approval notice for an employer’s H-2B petition
- Form DS-160 (Online Nonimmigrant Visa Application): Document detailing all of the information about your job and potential stay in the US
- Employment contract or job offer letter: A copy of your employment contract or official job offer outlining the terms and conditions of your employment
- Evidence of ties to your home country: Documents that show you intend to return home after your temporary stay, such as property deeds or family ties
- Visa application fee receipt: Proof of payment of the non-refundable visa application and processing fees
H-2B visa application process
Although it’s a little easier than the O-1 visa, you’ll still have to take several important steps to apply for an H-2B visa. Most of these actions are shared by you and your employer. Below, we take a closer look at each one, as well as the timelines and deadlines that apply.
Step 1: Your employer requests a PWD
The first thing potential H-2B program employers must do is get a PWD from the DOL. This should usually be done 150 to 200 days before the “date of need”—your employment start date—and typically takes 30 to 60 days to process.
Step 2: Your employer files a job order and an H-2B application
Between 90 and 75 days before the date of need, your employer must file a job order with the relevant State Workforce Agency. They should also submit the H-2B application (Form ETA-9142B) to the DOL for review.
Step 3: DOL reviews the H-2B application and issues a notice
The DOL considers the employer’s application and issues either a Notice of Acceptance (NOA) or a Notice of Denial (NOD) within seven business days. If they receive an NOA, the employer can start recruiting foreign workers.
Step 4: Recruitment and issuance of TLC
The employer must actively recruit foreign workers for temporary jobs up to 21 days before the date of need. They must then compile and submit a recruitment report before the DOL issues a TLC. The DOL usually aims to have this done by at least 30 days before the date of need, but this will be affected by when the NOA is issued.
Step 5: Employer files Form I-129 with USCIS
Once they have the TLC, your employer needs to file Form I-129. Regular processing of this form should take around 1 to 3 months. However, your employer could opt for premium processing, which guarantees a response within 15 calendar days.
Step 6: You apply for the H-2B visa
The next step is for you to apply for a H-2B visa at a US Embassy or Consulate in your home country. This involves submitting Form DS-160, paying the visa fee, providing the necessary documentation, and attending a visa interview. The processing time for your individual application is typically around 2 to 3 weeks.
Step 7: Travel to the US to start work
If your visa application is successful, you’ll be able to book flights and travel to the US to start work. You can enter the country up to 10 days before the start date stated in your employment contract.
Common challenges when applying for an H-2B visa
A few challenges can crop up for employers and prospective workers during this visa application process. Understanding what they are—and how to address them—can improve your chances of success.
1. Exhaustion of the annual visa cap
Just 66,000 workers are allowed to enter the US each fiscal year via the H-2B visa program. This limit is usually reached well before the start of each half of the year, either October 1 or April 1.
This means employers should submit H-2B applications as early as possible within the designated filing windows. It’s also wise to monitor whether the USCIS intends to release any supplemental allocations.
2. Not demonstrating the need for temporary employment
The USCIS requires employers to show that the job opportunity they’re offering is temporary and fits within the categories outlined above. If they cannot do so, their application will likely be denied.
Employers should focus on compiling comprehensive documentation to clearly show that they have a temporary need. This might include historical workload data, contracts, and other business records.
3. Delays in worker processing and consular interviews
High demand at US embassies and consulates can cause processing delays, long waiting times for interviews, and potential disruptions in your employment timeline.
While there isn’t much you can do about this, it’s best to ensure all of your documentation is accurate and complete, and that you’re well-prepared for your visa interview. These measures will help prevent avoidable administrative delays.
The H-2B visa: a win-win for employers and workers
The H-2B visa is an important tool for bridging labor gaps in the US. It gives American employers access to the workforce they need while offering international workers a chance to gain valuable experience and income.
Whether you’re staffing up for peak season or looking to start a new job abroad, a well-executed H-2B application can open doors.
FAQs
What is the annual cap for H-2B visas?
The H-2B visa program has an annual cap of 66,000 visas, divided equally between the first half (October 1 to March 31) and the second half (April 1 to September 30) of the fiscal year. There are occasionally additional visas allocated for returning workers and nationals.
Who can apply for the H-2B visa?
Foreign nationals from countries designated as eligible for the H-2B program by the US Department of Homeland Security can apply. This includes workers from the EU, Colombia, Thailand, the United Kingdom, South Africa, and other countries.
Can H-2B visa holders apply for permanent residency?
The H-2B visa allows temporary work but doesn’t directly lead to permanent residency. That said, workers can pursue a green card through other avenues, like the green card lottery or by switching to employer-based visa categories, provided they meet the eligibility requirements.
Are there any worker protections under this program?
Employers of H-2B workers must follow US labor laws and provide employees with reasonable wages and safe working environments. Workers are also entitled to a few other protections, including receiving a copy of the job offer, being reimbursed for visa-related fees, and being provided with or reimbursed for transportation and subsistence costs.
What happens if the job ends before my H-2B visa expires?
If your employment ends early, you have up to 60 days to find a new job or prepare to depart the US. During this time, a new, qualified H-2B employer can file a petition on your behalf. This would allow you to continue working legally in the US.