H-2B Visa Requirements: What Employers and Workers Need to Know
The H-2B visa is a temporary work program that allows U.S. employers to hire foreign workers for seasonal, peak-load, intermittent, or one-time non-agricultural jobs.
If you're exploring how this process works—whether you're an employer or a prospective worker—it's important to understand the requirements before applying.
This guide breaks down the H-2B visa requirements step-by-step, covering eligibility, documentation, and what both parties need to know to move forward.
SCHEDULE A CONSULTATIONWhat Is the H-2B Visa?
The H-2B visa is a temporary work visa for non-agricultural labor.
It’s designed for jobs that are seasonal, peak-load, intermittent, or one-time needs.
Common industries using the H-2B visa include hospitality, landscaping, construction, and seafood processing.
Unlike the H-2A visa, which covers agricultural jobs, the H-2B visa program is strictly for non-agricultural work.
H-2B Visa Requirements (2025 Update): At a Glance
To qualify for the H-2B visa program, these basic requirements must be met:
- The job must be temporary and non-agricultural
- The employer must obtain a Temporary Labor Certification from the Department of Labor (DOL) showing insufficient able, willing, and qualified U.S. workers and no adverse effect on U.S. wages/conditions.
- The employer must file Form I-129 with USCIS
- If outside the U.S., the worker applies for a visa with DOS or (if visa-exempt) may seek admission at a port of entry. USCIS approval alone can also support change of status if the person is already in the U.S.
Let’s look closer at what’s required for both employers and workers.
Who Is Eligible for an H-2B Visa?
To qualify for the H-2B visa, the employer must demonstrate a temporary need for non-agricultural labor and show that there are no qualified U.S. workers available for the job.
Let’s break down the detailed requirements below.
SCHEDULE A CONSULTATIONH-2B Visa Requirements for Employers
Employers are responsible for several key steps in the H-2B visa process.
These include proving the temporary nature of the job, following strict timelines, and handling most of the paperwork.
1. Prove a Temporary Need
The job must fall under one of four categories:
- One-time occurrence
- Seasonal need
- Peak-load need
- Intermittent need
DOL and USCIS require documentation to verify this.
2. Obtain a Temporary Labor Certification (TLC)
Employers must apply for certification through the Department of Labor, showing:
- There aren’t enough qualified U.S. workers available
- Hiring foreign workers won’t adversely affect U.S. workers’ wages or working conditions
This includes recruitment efforts like job postings and interviews.
3. File Form I-129
Once the labor certification is approved, the employer must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
This petition includes details about the worker and the job.
4. Meet H-2B Cap Deadlines
The H-2B visa program has an annual cap of 66,000 visas, split between two halves of the fiscal year.
Timing matters—late filings could miss the cap unless an exemption applies.
SCHEDULE A CONSULTATIONH-2B Visa Requirements for Workers
If you're a foreign worker interested in an H-2B job, here’s what you will typically need:
1. Have a Valid Job Offer
You must have a formal offer from a U.S. employer who has gone through the certification and petition process.
2. Submit a Visa Application
If you are outside the U.S., apply for a visa (if required) and then seek admission; visa-exempt nationals may seek admission without a visa. If you are already in the U.S. in valid status, change of status may be possible.
You will need:
- A valid passport
- DS-160 confirmation page
- Form I-797 (approval notice from USCIS)
- Proof of job offer and employment terms
You may also be required to attend a visa interview.
SCHEDULE A CONSULTATIONH-2B Visa Application Process: Step-by-Step for Employers and Workers
Here’s how the process works from start to finish:
- Employer determines temporary need
- Employer requests a Prevailing Wage Determination (PWD) → files the Application & Job Order with the National Processing Center and State Workforce Agency → conducts required recruitment → DOL issues Temporary Labor Certification (TLC).
- DOL certifies the job and recruitment efforts
- Employer files Form I-129 with USCIS
- USCIS approves the petition
- Worker applies for a visa (if required) and seeks admission; visa-exempt nationals may seek admission without a visa. If already in the U.S. in valid status, change of status may be possible.
- Worker is admitted to the U.S. in H-2B status by CBP. (Visa required for most, but visa-exempt nationals may be admitted without a visa. If already in the U.S. and eligible, change of status may apply.)
This process includes coordination between the DOL, USCIS, and the U.S. Department of State.
Jobs That Commonly Use the H-2B Visa
Industries and roles that frequently use the H-2B visa program include:
- Hotel and resort staff
- Landscapers and groundskeepers
- Amusement park workers
- Seafood processors
- Construction laborers
- Forestry workers
The key is that the need is temporary, even if the role is repeated annually.
H-2B Visa Extensions, Renewals, and Time Limits
The H-2B visa is typically valid for up to one year and can be extended in one-year increments for a maximum of three consecutive years.
After reaching the 3-year limit, a worker becomes eligible for a new 3-year period after an uninterrupted 60 days outside the U.S.
Common H-2B Visa Filing Mistakes and How to Avoid Them
Avoiding common errors during the H-2B visa application process can help reduce delays or denials.
Here are some of the most frequent issues employers and workers encounter:
- Missing recruitment steps
Employers must show they tried to recruit U.S. workers. Skipping this step can result in denial. - Filing outside of cap windows
The H-2B visa is subject to annual caps. Filing too early or too late can disqualify the petition if the cap has already been reached. - Incorrect job classification
Jobs must fit within non-agricultural, temporary roles. Misclassifying a job as temporary when it's actually permanent can lead to rejection. - Incomplete or outdated applications
Missing documents, unsigned forms, or filing an outdated Form I-129 can cause delays or outright denials. - Confusion between H-2A vs H-2B:
These programs are separate. Agricultural roles must go through the H-2A process, not H-2B.
Taking time to prepare accurate applications and understanding the full process can make a big difference in how smoothly things go.
SCHEDULE A CONSULTATIONHow Quijano Law Supports H-2B Visa Applicants
The H-2B visa process can be complex, involving multiple government agencies, forms, and tight deadlines.
At Quijano Law, our H-2B attorneys provide guidance throughout the process to employers looking to hire international seasonal workers.
Our team understands the documentation, timing, and nuances that come with the H-2B visa program and can help navigate each step with clarity.
Interested in exploring your H-2B visa options?
Contact us at Quijano Law to schedule a consultation and discuss your situation.
SCHEDULE A CONSULTATIONH-2B Visa Requirement FAQs
How long does the H-2B visa process take?
Processing times vary depending on the time of year and agency workload but can take several months.
How hard is it to get an H-2B visa?
Getting an H-2B visa can be competitive because there's an annual cap on the number issued. Approval depends on whether the employer follows the correct process and if the cap hasn't been met. Timing and paperwork accuracy play a big role.
What is the H-2B visa cap for 2025?
The cap remains at 66,000 visas per fiscal year, split into two halves. However, temporary increases are sometimes announced.
Can you bring family on an H-2B visa?
Spouses and children may apply for H-4 visas, but they are not eligible to work.
Can H-2B workers switch jobs?
A new employer must obtain a Temporary Labor Certification and file an H-2B petition. Under H-2B portability, an eligible worker may begin work upon proper filing while the petition is pending, subject to regulatory conditions.
What’s the difference between H-2A and H-2B visas?
H-2A is for agricultural work; H-2B is for non-agricultural, seasonal jobs.
Do H-2B visas get denied?
Yes, H-2B visas can be denied if the employer doesn’t meet labor certification requirements, files late, or if the worker doesn’t meet eligibility criteria. Common reasons include missing documents, job misclassification, or cap limits being reached.
Does the H-2B visa lead to a green card?
The H-2B visa is a nonimmigrant, temporary visa and does not directly lead to a green card. However, some workers later qualify for employment- or family-based options that can result in permanent residency.
