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H-2B Visa

The H-2B Visa is a temporary nonimmigrant visa for non-agricultural workers filling seasonal, peak-load, intermittent, or one-time jobs in the U.S. A U.S. employer or authorized agent must petition for the worker using Form I-129.

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Eligibility Requirements
The Employer:
  • Must demonstrate a temporary need for workers (seasonal, peak-load, intermittent, or one-time), not exceeding one year, extendable up to three years in certain cases.
  • Must prove no qualified U.S. workers are available through labor market tests, including obtaining a Temporary Labor Certification from the U.S. Department of Labor.
  • Must comply with wage and working condition requirements, ensuring no adverse effect on U.S. workers.
The Employee:
  • Must have a valid job offer from a U.S. employer or authorized agent for a temporary non-agricultural position.
  • Must possess the skills or experience required for the job, as specified by the employer.
  • Must intend to return to their home country upon visa expiration.

Family Members

Spouses and unmarried children under 21 of H-2B Visa holders can apply for an H-4 Visa, valid for the same duration as the H-2B Visa. H-4 holders cannot work but may study full-time or part-time in the U.S.

Is there a cap on H-2B Visas?
Yes, the H-2B Visa has an annual cap of 66,000, with 33,000 allocated for the first half of the fiscal year (October 1–March 31) and 33,000 for the second half (April 1–September 30). Certain workers may be exempt from the cap. For details, visit USCIS’s H-2B Cap Information.
The H-2B Visa is valid for the period authorized on the Temporary Labor Certification, typically up to one year, with extensions possible up to a maximum of three years.
Yes, extensions can be granted in one-year increments, up to a total stay of three years, if the employer demonstrates continued temporary need and files a new Form I-129.
No, H-4 Visa holders (spouses and children) cannot work in the U.S. but may study full-time or part-time.
Only nationals from designated countries are eligible for the H-2B Visa. To check eligibility, visit USCIS’s H-2B Eligible Countries List.
  • Seasonal: Jobs tied to a specific season or period (e.g., summer tourism).
  • Intermittent: Short-term, recurring jobs not tied to a season (e.g., event staffing).
  • Peak-load: Temporary hiring to meet increased demand alongside permanent staff (e.g., holiday retail).
  • One-time: A single, temporary job where the employer has not previously used and will not later use H-2B workers (e.g., a special project).

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