NonimmigrantEmployment-basedAnnual capLabor certificationSeasonal

H-2B Temporary Non-Agricultural Worker

For foreign workers filling temporary non-farm jobs — seasonal, peak-load, intermittent or one-time — such as landscaping, hospitality and seafood processing. Capped at 66,000 a year.

Last reviewed Oct 1, 2026Sources: USCIS · DOLReport an error

At a glance

Annual cap: 66,000 (33,000 per half-year)
FY 2026 supplemental: Up to 64,716 (ended Sept. 30, 2026)
Temporary need: Generally 1 year or less
Maximum stay: 3 years, then 60 days outside
DOL application: 75–90 days before the date of need
Premium processing: $1,780 · 15 business days

First-half FY 2027 cap already reached. USCIS announced on Sept. 11, 2026 that it had received enough petitions to reach the 33,000 cap for the first half of fiscal year 2027; Sept. 4, 2026 was the final receipt date. New cap-subject petitions for start dates before April 1, 2027 are rejected. Supplemental visas for FY 2027 have not been announced as of Oct. 1, 2026.

Overview

The H-2B program lets U.S. employers hire foreign nationals for temporary non-agricultural jobs when there are not enough U.S. workers and employing H-2B workers will not adversely affect U.S. wages and working conditions. The need must be a one-time occurrence, seasonal, peak-load or intermittent — generally one year or less, though a one-time event can last up to 3 years.

The statutory cap is 66,000 workers a year, with no more than 33,000 for the first half of the fiscal year (Oct. 1–March 31); unused first-half numbers roll into the second half. Congress has repeatedly let DHS and DOL add supplemental visas: for FY 2026, up to 64,716 more were made available to employers attesting to irreparable harm. That authority was time-limited to FY 2026.

Employers first need a temporary labor certification from the Department of Labor (or the Guam Department of Labor for jobs in Guam). Demand is heavy for April 1 start dates: DOL randomly ordered 10,062 applications covering 162,603 positions filed for April 1, 2026.

Who qualifies

The employer must show

Not enough U.S. workers are able, willing, qualified and available for the work.
Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The need is temporary: a one-time occurrence, seasonal, peak-load or intermittent.
A valid temporary labor certification from DOL (or Guam DOL).
No prohibited fees have been or will be collected from workers.

Cap-exempt and special cases

Certain employers in Guam and the CNMI are exempt from the temporary-need requirement under the National Defense Authorization Act.
Workers already in H-2B status who extend their stay, change employers or change terms of employment are generally not counted against the cap, nor are H-4 family members.
Fish roe processors, technicians and supervisors, and work in the CNMI or Guam (until Dec. 31, 2029), are exempt from the cap.

Duration & extensions

Initial period	Up to the period on the labor certification
Extensions	For the validity of the labor certification or up to one year at a time
Maximum stay	3 years in H-2B status
Resetting the clock	Depart and remain outside the U.S. for an uninterrupted 60 days
Grace periods	Up to 10 days before and 30 days after the petition period, and up to 60 days after employment ends

Fees

The employer pays the USCIS petition fees. Amounts from the USCIS fee schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-129 — named workers	$1,080	Employer	$540 for small employers (25 or fewer full-time-equivalent employees) and nonprofits. Up to 25 named workers per petition.
Form I-129 — unnamed workers	$580	Employer	$460 small employers and nonprofits. No limit on the number of workers.
Fraud Prevention and Detection Fee	$150	Employer	Required on H-2B petitions.
Asylum Program Fee	$600	Employer	$300 small employers; $0 nonprofits.
Premium processing (Form I-907)	$1,780	Employer	Optional; USCIS acts within 15 business days. Raised from $1,685 on March 1, 2026.
Visa application (MRV) fee	$205	Worker	H category fee at the consulate. A reciprocity issuance fee may also apply by nationality.

Public Law 119-21 created a Visa Integrity Fee of at least $250 on nonimmigrant visa issuance, but as of Oct. 1, 2026 it does not appear on the State Department’s visa fees page.

Processing time

Premium processing: 15 business days; Optional, $1,780 for H-2B.
DOL application window: 75–90 days before need; Form ETA-9142B; DOL’s initial review is within 7 business days.
Prevailing wage request: 60+ days before needed; Requested from DOL’s National Prevailing Wage Center.

Key dates

October 1Start dates for the first-half allocation (33,000) begin

Early JanuaryDOL randomizes applications filed for April 1 start dates

April 1Second-half allocation (33,000 plus unused first-half numbers) begins

As announcedSupplemental visas, if DHS and DOL issue a temporary final rule

Regular USCIS processing times vary; see USCIS processing times. Nationals of the 19 countries under full restrictions in the Dec. 16, 2025 travel proclamation (effective Jan. 1, 2026) cannot currently be issued nonimmigrant visas, including this one, unless an exception applies.

Application steps

1
Prevailing wage
The employer requests a prevailing wage determination from DOL at least 60 days before it is needed.
2
Labor certification
75 to 90 days before the date of need, the employer files Form ETA-9142B with DOL and a job order with the state workforce agency, then recruits U.S. workers.
3
File Form I-129
With the approved labor certification, the employer files the petition while cap numbers remain (or under a supplemental allocation, with the required attestation).
4
Visa and admission
Workers apply for H-2B visas at a U.S. consulate or, where visa-exempt, seek admission at a port of entry.
5
Compliance
The employer pays at least the certified wage and meets the terms of the labor certification for the whole period of employment.

Required documents

From the employer

Approved temporary labor certification
Form I-129 with the H Classification Supplement
Form ETA-9142-B-CAA-10 attestation, if filing under an FY 2026 supplemental allocation
Evidence named workers meet the job requirements

From the worker

Valid passport
Visa application, where required
Evidence of returning-worker status, if the allocation requires it
English proficiency evidence for commercial driving jobs, if required

Dependents & family

Spouses and unmarried children under 21 may accompany the worker in H-4 status and are not eligible to work in the United States.

Path to a green card

H-2B is temporary and not dual intent. There is no direct path from H-2B to permanent residence.

A worker may later qualify for a green card through a separate immigrant category, most often employer sponsorship in EB-3, under that category’s own requirements.

H-2A

Temporary agricultural worker

The farm-work counterpart, with no annual cap.

EB-3

Skilled and other workers

Employer-sponsored green card for permanent jobs.

J-1

Exchange visitor

Summer work travel and trainee programs.

CW-1

CNMI-only transitional worker

Temporary work in the Northern Mariana Islands.

Common questions

How many H-2B visas are available?

The statutory cap is 66,000 a year, split 33,000 per half-year. For FY 2026, DHS and DOL added up to 64,716 supplemental visas, most of them reserved for returning workers; that time-limited authority ended with FY 2026 on Sept. 30, 2026, and no FY 2027 supplement had been announced as of Oct. 1, 2026.

What counts as a temporary need?

A one-time occurrence, a seasonal need, a peak-load need or an intermittent need. It is generally limited to one year or less, but a one-time event can last up to 3 years.

Who is a returning worker?

For the FY 2026 supplemental visas, a worker who received an H-2B visa or was otherwise granted H-2B status in one of the last 3 fiscal years.

Can family members work?

No. Spouses and children in H-4 status are not eligible for employment.

Official sources

Recent changes

Sep 15, 2026
FY 2026 supplemental filing closes. Last day to file under the FY 2026 supplemental allocations; USCIS said it would deny any supplemental petitions not approved before Oct. 1, 2026, without refunding fees. Source ↗
Sep 11, 2026
First-half FY 2027 cap reached. USCIS received enough petitions by Sept. 4, 2026 to reach the cap for start dates before April 1, 2027. Source ↗
Apr 21, 2026
Second FY 2026 supplemental allocation reached. The 27,736-visa allocation for returning workers with April 1–30, 2026 start dates was filled. Source ↗
Mar 1, 2026
H-2B premium processing rises to $1,780. Inflation adjustment from $1,685. Source ↗
Feb 6, 2026
First FY 2026 supplemental allocation reached. The 18,490 visas for returning workers with Jan. 1–March 31, 2026 start dates were filled. Source ↗
Jan 30, 2026
Up to 64,716 supplemental H-2B visas for FY 2026. Temporary final rule: 46,226 for returning workers and 18,490 for any eligible worker, in three allocations; petitions accepted until Sept. 15, 2026. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 requires a fee of at least $250 at issuance of any nonimmigrant visa. Source ↗
Apr 28, 2025
English proficiency for truck drivers. Under Executive Order 14286, H-2B petitions for commercial motor vehicle jobs must include evidence of English proficiency. Source ↗
Jan 17, 2025
H-2 modernization rule takes effect. Adds grace periods, portability and whistleblower protections, stronger penalties for prohibited fees, a uniform 60-day absence to reset the 3-year limit, and ends the eligible-countries list. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.