H-2A and H-2B visas for seasonal and temporary work

What are H-2A and H-2B visas?

H-2A and H-2B are employer-driven work visa programs for jobs that are temporary or seasonal, where the employer can show there are not enough able, willing and qualified U.S. workers. Workers cannot apply on their own. They must be nationals of a country on DHS's annual list of eligible countries, unless USCIS grants an exception in the U.S. interest.

How the process works

When does the H-2B cap fill? Supplemental visas

Because the H-2B cap fills quickly, timing is critical. In recent years the first-half cap (jobs starting October 1 to March 31) has often been reached within weeks of the filing window opening. Check the USCIS H-2B cap count page for the current status and any final receipt date before you plan an October to March start. Petitions for the second half (April 1 to September 30, 2027) can generally be filed once DOL certifications for those start dates are issued.

Congress has repeatedly authorized DHS to release extra H-2B visas. For FY 2026, DHS and DOL released up to 64,716 supplemental visas through a temporary rule effective January 30, 2026, split into allocations by start date, mostly reserved for returning workers who held H-2B status in one of the prior three fiscal years. Employers had to attest that they faced irreparable harm without the workers. The FY 2026 supplemental petitions closed on September 15, 2026. Whether supplemental visas will be available for FY 2027 depends on new authority from Congress; as of October 28, 2026 we have not found an FY 2027 supplemental rule.

Certain workers do not count against the H-2B cap, including current H-2B workers extending or changing employers, fish roe processors and technicians, and workers in the Commonwealth of the Northern Mariana Islands and Guam during the statutory exemption period.

Employer obligations

H-2A

• Pay at least the highest applicable wage, including the AEWR set by DOL. DOL changed the AEWR methodology by an interim final rule effective October 2, 2025.
• Provide free housing that meets safety standards, three meals a day or free cooking facilities, and workers' compensation coverage.
• Reimburse inbound travel and subsistence once the worker completes half the contract, and pay return travel if the worker completes the contract.
• Guarantee work for at least three-fourths of the contract hours (the "three-fourths guarantee").
• Give U.S. workers the same terms and hire qualified U.S. applicants until half the contract period has passed.

H-2B

• Pay at least the prevailing wage, and the same to U.S. workers in corresponding employment.
• Reimburse visa, border-crossing and inbound travel costs in the first workweek, and pay return transportation if the worker completes the job or is dismissed early.
• Provide the three-fourths hours guarantee and the tools needed for the work.
• Never charge workers recruitment fees, and require recruiters by contract not to charge them.

Rules effective January 17, 2025 strengthened worker protections in both programs, including clearer grace periods, protections for workers who report violations, and bars for employers that charge prohibited fees.

How much does H-2A or H-2B sponsorship cost? (October 2026)

Fees are from the USCIS fee regulations at 8 CFR 106 as of October 28, 2026. Always confirm against Form G-1055 before filing, and use our sponsorship cost calculator for an estimate. Petitions naming more than 25 workers must be split. DOL also bills H-2A employers a certification fee of $100 plus $10 for each worker certified, capped at $1,000 per certification, under 20 CFR 655.163 as of October 2026. Workers' visa fees are set by the State Department.

How long can H-2 workers stay?

Approvals match the certified period. Extensions are possible in increments of up to one year, but total time in H-2A or H-2B status is generally limited to three years. After that, the worker must spend an uninterrupted 60 days outside the United States before returning in H-2 status.

For workers: your rights

You should never pay a recruiter to get an H-2 job. You are entitled to a written contract in a language you understand, the wages and hours promised, and safe housing in H-2A jobs. Complaints can be made to DOL's Wage and Hour Division. See know your rights and avoid immigration scams.

Planning timeline for employers

A typical H-2 case takes three to four months from start to arrival, so employers should work backward from the date workers are needed:

• About 4 months out (H-2B): request the prevailing wage determination.
• 75 to 90 days out (H-2B) or 60 to 75 days out (H-2A): submit the job order and labor certification application.
• After certification: file the I-129 promptly; H-2B employers should file as early as possible because of the cap.
• Final weeks: workers attend consular interviews; arrange travel, housing (H-2A) and onboarding.

H-2B employers whose start dates fall early in a half-year period face the most competition for cap numbers, and DOL can receive far more applications at the opening of a filing window than it can process at once. How DOL orders those applications has changed over the years, so check current announcements from the Office of Foreign Labor Certification on flag.dol.gov before the window opens.

Can H-2 lead to a green card?

H-2 workers must intend to return home, and the visa does not convert to permanent residence. Some employers later sponsor experienced workers through the PERM process in the EB-3 category, but that is a separate, multi-year process with its own requirements.

What to ask an attorney

• Does our need qualify as seasonal, peak-load, one-time or intermittent?
• When must we file to have a realistic chance under the H-2B cap?
• Which wage, housing and travel costs will we owe, and how do we document them?

Want help applying this to your situation? Email us to be connected with a participating immigration attorney, or see free and low-cost legal help.