H2B Visa Guide 2026

📌 What is the H2B Visa?

The H2B visa is a non‑immigrant visa that allows U.S. employers to hire foreign workers for temporary, non‑agricultural jobs. It is designed for positions that are seasonal, intermittent, or meet a short‑term peak workload demand.

Unlike the H1B visa (for specialty occupations), the H2B visa focuses on temporary roles that don't necessarily require a degree, such as landscaping, hospitality, construction, seafood processing, and resort work.

Key features: Initial stay tied to job duration (usually up to 1 year), renewable in 1‑year increments up to a maximum of 3 years, and no direct pathway to permanent residence (but can lead to EB‑3 sponsorship).

🎲 H2B Cap & Lottery – How It Works (2026)

The H2B visa has an annual statutory cap of 66,000 visas per fiscal year: 33,000 for workers whose employment begins in the first half of the fiscal year (October 1 – March 31) and 33,000 for the second half (April 1 – September 30).

2026 Supplemental Visas: For fiscal year 2026, the Department of Homeland Security and Department of Labor have authorized an additional 64,716 supplemental H2B visas, available under specific employer filing rules and allocation windows.

Lottery process: When demand exceeds the cap, USCIS uses a lottery to select petitions. For example, the first‑half returning‑worker supplemental cap for FY 2026 was filled via lottery after demand exceeded available visas.

2026 key dates (example):

• Employers may file petitions for second‑half start dates (April 1 – September 30, 2026) on January 1, 2026.
• Supplemental cap allocations are triggered 15 days after USCIS announces that a half‑year cap has been reached.
• Employers should plan to file early – caps have been reached within days of opening in previous years.

🔄 Returning Workers & Cap Exemptions

Some H2B workers are exempt from the annual cap, including:

• Returning workers who have already been counted against the cap in the previous 3 fiscal years may be eligible for a separate allocation under the returning‑worker supplement.
• Workers in Guam or the Commonwealth of the Northern Mariana Islands (CNMI) are exempt from the statutory cap.
• Workers who are already in H2B status and are extending their stay with the same employer.

For FY 2026, 18,490 supplemental visas were allocated specifically for returning workers with employment start dates between January 1 and March 31, 2026.

🏢 H2B Employer Sponsorship – What Employers Must Do

To sponsor an H2B worker, the employer must:

• Obtain a temporary labor certification (Form ETA‑9142) – Filed with the Department of Labor, proving that there are not enough U.S. workers available and that the employment will not adversely affect wages/working conditions of similarly employed U.S. workers.
• Demonstrate a temporary need – The position must be seasonal (traditionally tied to a season), a peak‑load need (a busy period for a permanent employer), an intermittent need (occasional, irregular, or seasonal with interruptions), or a one‑time occurrence.
• File Form I‑129 (Petition for a Nonimmigrant Worker) – Submitted to USCIS after the labor certification is approved.
• Pay the required fees – USCIS filing fee ($460), fraud prevention and detection fee ($150), and premium processing fee (optional, $1,780 for H2B as of March 1, 2026).
• Comply with anti‑fraud rules – Employers cannot collect prohibited fees from H2B workers, and must maintain records for public access.

⚠️ Important: The H2B visa is not a "dual intent" visa. Workers must maintain a residence abroad and intend to depart the U.S. when their status expires. However, this does not prevent later EB‑3 sponsorship.

🏗️ Eligible Occupations for H2B Visa

The H2B visa covers a wide range of non‑agricultural, temporary jobs, including:

• Landscaping and groundskeeping – Lawn care, gardening, snow removal.
• Hospitality and tourism – Hotel housekeeping, resort staff, ski instructors, lifeguards, concierge.
• Construction and trades – Carpenters, electricians, painters, roofers, construction labourers.
• Seafood processing – Crab, fish, and shellfish processing (common in Alaska and coastal regions).
• Food service – Restaurant cooks, servers, fast food workers (seasonal locations).
• Amusement and recreation – Carnival workers, ride operators, park attendants.
• Event staffing – Convention staff, festival workers, sports event temporary employees.

Note: The job must be temporary, and the employer's need for the worker's services must be for a limited period of time (usually less than one year).

💰 H2B Salary Requirements – Prevailing Wage

Employers must pay H2B workers at least the prevailing wage determined by the Department of Labor for the specific occupation and geographic area. Wage levels vary by state and occupation.

⚠️ Note: Some H2B positions may include housing, meals, or transportation as part of the compensation package. These benefits are factored into the "prevailing wage" determination.

🟢 H2B to Green Card – The EB-3 Pathway

While the H2B visa itself does not provide a direct path to permanent residence, H2B workers are eligible for EB‑3 green card sponsorship. The EB‑3 category covers skilled workers, professionals, and "other" workers (unskilled).

Key steps to EB‑3 sponsorship:

1. Obtain a full‑time, permanent job offer from a U.S. employer willing to sponsor a green card.
2. PERM labor certification – Employer must show no qualified U.S. workers are available for the permanent position.
3. File Form I‑140 (Immigrant Petition) – Employer files on the worker's behalf.
4. Wait for priority date to become current – Based on the worker's country of birth (India and China have significant backlogs).
5. File I‑485 Adjustment of Status (or consular processing) – Obtain green card.

Strategic advantage: Working for an employer under H2B status allows you to build a relationship and prove your value, making them more likely to sponsor your green card. The temporary work experience can also help meet the "skilled worker" requirement for EB‑3.

⚠️ Dual intent challenge: H2B is not a dual‑intent visa. Workers must maintain a residence abroad and intend to depart the U.S. when the H2B status expires. However, filing an EB‑3 petition does not automatically violate H2B status; it is evaluated on a case‑by‑case basis. Consulting an immigration attorney is strongly recommended.

📝 H2B Application Process – Step‑by‑Step for Foreign Workers

1. Find an employer with a certified H2B job offer – Use IFMOSA Work's job board to find verified H2B sponsors.
2. Employer obtains temporary labor certification (DOL) – This is the employer's responsibility and can take 2‑6 months.
3. Employer files Form I‑129 with USCIS – Including the approved labor certification.
4. USCIS approves the petition (or issues an RFE) – Processing times vary; premium processing is available (15 days).
5. Apply for the H2B visa at a U.S. embassy/consulate – After USCIS approval, you apply for the visa stamp in your home country.
6. Attend the visa interview – Bring your passport, USCIS approval notice, job offer letter, and proof of residence abroad.
7. Enter the U.S. and begin work – You must enter on or after the employment start date listed on the petition.

⏱️ Total timeline: 4‑12 months depending on DOL processing, USCIS processing, and embassy appointment availability.

💰 H2B Fees & Premium Processing (2026)

⚠️ Important: Employers are prohibited from collecting job placement fees, visa processing fees, or any other prohibited fees from H2B workers. Any request for payment from the worker for filing fees is illegal and a red flag.

❓ Frequently Asked Questions – H2B Visa

⚠️ Common H2B Scams – How to Protect Yourself

• "Guaranteed visa" promises – No one can guarantee an H2B visa. The process involves DOL certification, USCIS approval, and cap availability.
• Requests for upfront fees – Legitimate employers pay filing fees. Any request for payment for the I‑129 or labor certification is illegal.
• Fake USCIS receipt numbers – Always verify your case status on the official USCIS website (egov.uscis.gov).
• Job offers without labor certification – Every H2B petition requires an approved temporary labor certification from DOL. If the employer can't provide the ETA‑9142 number, it's likely a scam.
• "Too good to be true" salaries – If a job promises $30+/hour for unskilled seasonal labour, it's likely a scam.