H-2B Visa

A temporary work visa for non-agricultural seasonal, peak-load, or one-time-occurrence workers — used heavily in hospitality, landscaping, and construction.

The H-2B visa allows US employers to bring foreign nationals to the United States for temporary non-agricultural work when they can demonstrate that qualified US workers are not available for the positions. Unlike the H-1B (which requires a bachelor's degree and professional occupation), H-2B is for non-specialty, temporary labor — seasonal resort staff, landscapers, amusement park workers, seafood processors, construction crews, and similar roles. It is a cornerstone of the seasonal service economy in many parts of the US.

To obtain H-2B workers, employers must follow a detailed Department of Labor (DOL) and USCIS process. First, the employer must obtain a temporary labor certification from DOL by demonstrating the position is genuinely temporary (seasonal, peak-load, or a one-time occurrence) and that recruiting efforts failed to produce sufficient US applicants at the prevailing wage. DOL then issues a certification, which the employer uses to file an I-129 petition with USCIS. Approved workers then obtain an H-2B visa at a US consulate in their home country.

H-2B has a statutory annual cap of 66,000 visas per fiscal year — split evenly between October–March (first half) and April–September (second half) start dates. This cap is routinely exhausted early, prompting Congress to repeatedly authorize supplemental H-2B allocations. Workers are typically nationals of designated countries (currently including Mexico, Jamaica, Guatemala, El Salvador, Honduras, and South Africa, among others), though employers can request workers from non-designated countries with additional documentation.

Common H-2B Industries

  • Hospitality: resort staff, hotel housekeeping, front desk, food and beverage — particularly in seasonal destinations.
  • Landscaping and groundskeeping: peak demand in spring/summer; largest single H-2B employer category.
  • Amusement and recreation: theme parks, water parks, ski resorts that need large seasonal workforces.
  • Seafood processing: crab, shrimp, and fish processing facilities in Alaska, Maryland, and the Gulf Coast.
  • Construction: specialty contractors with cyclical project demand.
  • Moving companies: peak-season capacity demand.

H-2B vs H-2A

  • H-2A: agricultural workers — farmworkers, crop pickers, livestock workers. No annual cap; must provide free housing and transportation.
  • H-2B: non-agricultural temporary workers — all the industries listed above. Subject to 66,000 cap; no housing requirement.
  • Both require DOL labor market test proving US workers aren't available.
  • Both tie workers to the specific employer and position on the petition.
  • H-2B wages are set at the higher of the prevailing wage or federal/state minimum wage.

Worker Rights and Employer Obligations

  • Prevailing wage: employers must pay at least the DOL-determined prevailing wage for the occupation and area.
  • Three-fourths guarantee: employers must offer at least 75% of the total hours specified in the contract — workers can't be brought over and then given almost no hours.
  • Transportation: employers must cover inbound transportation costs once the worker completes 50% of the contract; outbound once the contract ends.
  • Status tied to employer: H-2B workers cannot change employers without a new petition; quitting or being fired requires departure from the US or finding another H-2B sponsor.
  • Retaliation protections: H-2B workers have the right to report wage theft, unsafe conditions, and other violations without fear of visa consequences.

Example

A ski resort in Colorado hires 80 H-2B workers from Guatemala and Jamaica for its November–April season. The employer files for labor certification in July, receives DOL approval in September, files the I-129 in October, and workers begin arriving in November — just before opening day. If the cap has already been hit, the resort may face staffing shortfalls despite following the full process correctly.