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H-2B — Temporary Non-Agricultural Worker
United StatesUnited States•North America
Open

H-2B — Temporary Non-Agricultural Worker

Work Dependents Allowed

At a Glance

Processing Time

2 weeks – 5 months

Varies by processing route

Estimated Cost

USD $1,195–$3,815

Varies by filing options

Stay Duration

1 year

Renewable

Renewal

Renewable

Family

Dependents allowed

PR Pathway

None

Sponsor

Job offer required

Work

Remote not required

Apply Now Official Information
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Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200
Full Country Guide

Overview

Temporary or seasonal non-agricultural work (hospitality, landscaping, etc.) when U.S. workers are unavailable. Subject to 66,000 annual cap.

The H-2B is a US non-agricultural temporary work visa for employers to sponsor foreign nationals in seasonal or peak-load roles — hospitality, landscaping, forestry, seafood — when US workers are unavailable. Capped at 66,000 per year, it requires a DOL Temporary Labor Certification before USCIS adjudicates the I-129.

Workers are admitted for up to 1 year, extendable in 1-year increments to a 3-year maximum; a 60-day absence resets the clock. There is no PR pathway and dual intent is not permitted. Spouses and children under 21 may accompany on H-4 status but cannot work.

This visa is ideal for seasonal and trade workers from DHS-qualifying countries who have a confirmed US employer sponsor and no need for a permanent work pathway.

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Cost Breakdown

Form I-129 filing fee (Named Beneficiary, Standard)USD $1,080
Form I-129 filing fee (Named Beneficiary, Small/Nonprofit)USD $540
Asylum Program Fee (Standard)USD $600
Asylum Program Fee (Small)USD $300
Fraud prevention and detection feeUSD $150
Premium processing (Form I-907)USD $1,780
optional
DS-160 MRV feeUSD $205
TotalUSD $1,195–$3,815

Processing Time

Standard2–5 months
Premium2 weeks

Stay & Extensions

Initial grant1 year

Annual Cap & Quota

66,000 per fiscal year (33,000 per semi-annual period); supplemental allocations may be authorized by Congress or DHS

Conversion Paths

Visas you can typically switch to from this status.

EB-2 — Employment Second Preference - Advanced Degree
United States flagUnited States

EB-2 — Employment Second Preference - Advanced Degree

ValidityIndefinite
Processing1.5–10 years
View Visa Details
EB-3 — Employment Third Preference - Skilled Worker/Professional
United States flagUnited States

EB-3 — Employment Third Preference - Skilled Worker/Professional

ValidityIndefinite
Processing3.5–12 years
View Visa Details

Requirements

PUBLISHED REQUIREMENTS

Employer must obtain DOL Temporary Labor Certification (TLC)

Job must be temporary or seasonal, peak-load, or intermittent in nature

Employer must demonstrate insufficient qualified U.S. workers available

Employer must show H-2B workers will not adversely affect U.S. worker wages or conditions

Valid job offer from a U.S. employer

Annual cap compliance (66,000 per fiscal year)

REQUIRED DOCUMENTS

Approved DOL Temporary Labor Certification

Form I-129 with H classification supplement

Evidence of temporary or seasonal need

Documentation of U.S. worker recruitment efforts

Valid passport (valid 6 months beyond intended stay)

DS-160 nonimmigrant visa application

Visa interview appointment confirmation

Proof of ties to home country

Advantages & Considerations

Key Benefits

  • Allows employers to fill temporary non-agricultural positions with foreign workers
  • Premium processing available for expedited adjudication
  • Renewable in 1-year increments up to 3 years total
  • Spouse and minor children may accompany on H-4 visa
  • Covers wide range of industries: hospitality, landscaping, construction, seafood processing, etc.

Worth Knowing

  • Annual statutory cap of 66,000 (33,000 per semi-annual period) — cap often reached early
  • Congress and DHS may authorize supplemental H-2B numbers; check current-year availability
  • Strictly employer-sponsored — worker cannot self-petition
  • Not a dual-intent visa — maintaining immigrant intent is grounds for denial
  • Employer change requires new I-129 petition
  • H-4 dependents are not authorized to work
  • Only nationals of DHS-designated qualifying countries may participate
  • Three-year maximum cumulative stay; must remain outside the U.S. for 3 months before re-entry on a new H-2B
  • Annual cap

Application Process

1

Employer requests prevailing wage determination from DOL

2

Employer conducts required U.S. worker recruitment

3

Employer files for Temporary Labor Certification with DOL

4

Employer files Form I-129 with USCIS, attaching approved TLC

5

Worker applies for H-2B visa at U.S. consulate or embassy abroad (Form DS-160)

6

Worker presents visa and documents at U.S. port of entry

Application Forms

Go to application portal
I-129
Petition for a Nonimmigrant Worker
Fill online
I-907
Request for Premium Processing Service
Fill online
DS-160
Online Nonimmigrant Visa Application
Fill online

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