H-2B H-2B Temporary Non-Agricultural Workers

At a Glance

Item	Details
Visa name	H-2B Temporary Non-Agricultural Worker
Purpose	Temporary nonagricultural U.S. jobs
Stay	Maximum 3 years
Cost	Not stated in the source
Eligibility timing	Requirements met when TLC filed
Work rights	Approved temporary H-2B employment
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Visa and CBP admission required
Citizenship	Not stated in the source
Family sponsorship	Spouse and children under 21
Visa record	Form I-129 petition required
Annual cap	66,000 per fiscal year
Employer certification	Valid temporary labor certification
H-4 family work	Not permitted

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Purpose

The H-2B program lets qualifying U.S. employers or U.S. agents bring foreign nationals to fill temporary nonagricultural jobs.

The employer or agent files Form I-129, Petition for a Nonimmigrant Worker, for the prospective worker.

Eligibility

The petitioner must establish that:

• There are not enough able, willing, qualified, and available U.S. workers.
• Hiring H-2B workers will not adversely affect similarly employed U.S. workers’ wages and working conditions.
• The employer’s need is temporary.

Temporary need may be based on:

• One-time occurrence
• Seasonal need
• Peak load need
• Intermittent need

A petitioner generally must obtain one valid temporary labor certification (TLC) from the U.S. Department of Labor (DOL), or the Guam Department of Labor for employment on Guam.

For named workers, the petition must include evidence that each worker met the TLC’s minimum job requirements—including required education, training, experience, or special requirements—when the TLC was filed.

As of January 17, 2025, USCIS no longer considers whether a beneficiary is a national of a designated eligible country.

Commercial Vehicle Positions

Where a TLC requires English-language proficiency for commercial vehicle operation, the petitioner must submit evidence that a named worker meets that standard.

Evidence may include:

• Standardized English test results; or
• The petitioner’s signed attestation of proficiency.

USCIS generally accepts visas issued after June 15, 2026, for commercial-motor-vehicle positions as proof of English proficiency.

False statements or misrepresentations about English proficiency may lead to petition revocation and future petition denials.

Cap

The annual H-2B cap is 66,000 workers per fiscal year:

• 33,000 for employment starting October 1 through March 31.
• 33,000 for employment starting April 1 through September 30.

Unused first-half numbers may be used during the second half of the same fiscal year. Numbers do not carry forward to the next fiscal year.

After the cap is reached, USCIS generally accepts only cap-exempt petitions.

Stay and Extensions

USCIS may grant H-2B status for the period authorized on the TLC.

• Extensions may be granted in increments of up to 1 year.
• Each extension requires a new valid TLC.
• Maximum H-2B stay is 3 years.

Time previously spent in H or L classification counts toward the 3-year H-2B maximum.

After reaching 3 years, the worker must remain outside the United States for at least 60 uninterrupted days before seeking H-2B readmission. A qualifying 60-day absence resets eligibility for a new 3-year maximum period.

The petitioner must document the worker’s absence, such as through arrival/departure records, tax returns, or overseas employment records.

Application Steps

1. Obtain temporary labor certification. The petitioner applies to DOL, or Guam DOL where applicable.
2. File Form I-129. After TLC approval, file Form I-129 with USCIS, generally including the original TLC or the required printed FLAG final determination.
3. Apply for visa or admission. Workers outside the United States apply for an H-2B visa at a U.S. embassy or consulate, then seek admission with U.S. Customs and Border Protection. Where a visa is not required, workers may seek H-2B admission directly at a port of entry.

Canadian musicians employed within 50 miles of the U.S.-Canada border for 30 days or less may skip the TLC step.

Family Members

An H-2B worker’s spouse and unmarried children under 21 may seek H-4 classification.

H-4 family members are not eligible for employment in the United States.

Multiple Petitions

Generally, one petition may cover workers under one TLC, with up to 25 named workers per petition.

If filing multiple petitions based on the same TLC:

• The total beneficiaries cannot exceed the number approved on the TLC.
• Include a copy of the same TLC with each petition.
• Include an attachment identifying the other related petitions.

Employer Obligations

Petitioners must notify USCIS within 2 workdays if an H-2B worker:

• Does not report within 5 workdays of the petition start date;
• Stops reporting for 5 consecutive workdays without employer consent;
• Is terminated before completing the work; or
• Completes the work more than 30 days early.

Notify the USCIS service center that approved the Form I-129 by email or mail. Email is strongly recommended.

The notification must include petition, petitioner, employer, and worker details, including the reason for notification. Include the worker’s Social Security number and visa number if available.

Prohibited Fees

No job placement fee, contract-breach penalty, or other direct or indirect fee related to H-2B employment may be collected from a beneficiary or anyone acting for the beneficiary.

Prohibited fees may include wage deductions or passing petitioner-responsible costs to the worker.

USCIS may deny or revoke a petition if prohibited fees are collected or agreed to by the petitioner, employer, recruiter, agent, attorney, facilitator, or similar service.

For petitions filed on or after January 17, 2025, prohibited-fee denials, revocations, or certain withdrawals can result in:

• A 1-year bar on new H-2A or H-2B petitions; and
• An additional 3-year denial period unless affected beneficiaries are fully reimbursed.

Important Warnings

USCIS may deny H-2B petitions filed on or after January 17, 2025, where the petitioner or predecessor has committed certain serious labor-law violations or violated H-2A or H-2B requirements.

This authority may apply across both H-2A and H-2B classifications.

Certain petitioners on Guam and in the Commonwealth of the Northern Mariana Islands may be exempt from showing temporary need under applicable National Defense Authorization Act provisions.