H-2 Eligibility
Candidate's Requirements:
Workers from more than 70 countries are eligible, including: Andorra, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, the Republic of Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Madagascar, Malta, Mauritius, Mexico, Montenegro, Mozambique, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Panama, Papua New Guinea, Peru, Poland, Portugal, Romania, Saint Lucia, San Marino, Serbia, Singapore, and Slovakia.
Workers from Moldova and Paraguay are eligible for H-2A only. Workers from Mongolia and the Philippines are also eligible for H-2A only.
Entities' Requirements
Any entity demonstrating that there are insufficient U.S. workers available to meet a temporary need can assume the H-2B or H-2A obligations.
Position's Requirements
To qualify, a position must meet all of the following:
- Employment must be temporary: a one-time occurrence, a seasonal need, a peak load, or an intermittent requirement
- The work schedule must be at least 35 hours per week
- The tax form must be a W-2, not a 1099
- Work hours must be paid at least the federal, state, or local minimum wage
- Agricultural work meeting these conditions qualifies for H-2A; non-agricultural labor or services qualify for H-2B
H-2A Job Examples: nursery and greenhouse growers, fruit growers, vineyard and hop growers, vegetable, tobacco, and other field crop growers, beekeepers, custom combine operators, hay, grain, and wheat growers, Christmas tree growers, horse breeders, and truck drivers.
H-2B Job Examples: landscaping laborer, greenskeeper, line cook, construction worker, floor runner, tree planter, manufacturing operator, outdoor entertainment worker, and cleaner.
H-2 Visa & Employment Duration
The maximum period of stay is usually 3 or 5 years, depending on your country. Employment duration for seasonal work or peak load is typically 6-8 months, and can be extended up to 3 years for a one-time occurrence.
You remain tied to the H-2 employer(s) willing to fulfill the obligations. When your temporary employment ends, your H-2 visa stays valid for 10 days after your last working day. Time previously spent in other H or L classifications counts toward your total H-2B time.
You can repeat your participation if you remain outside the United States for an uninterrupted period of 3 months before being readmitted on an H-2B or H-2A visa. There is no limit to the number of H-2 visas you can obtain.
H-2 Extension
As long as your H-2 is valid, you, your new entity, and your new occupation are eligible for an H-2. Extensions are available in increments of up to 1 year each, up to the maximum eligibility period. There is no cap on transfers, and petitions can be submitted at any time during the year.
Note: You cannot interchange between H-2A and H-2B. H-2B requires non-agricultural employment; H-2A requires agricultural employment.
Transfer to Another Visa
There are no restrictions on filing for or obtaining another visa type while you hold a valid H-2 visa, or after.
Compensation & Benefits
Your employer must pay you for all work at least the federal legal minimum wage. The employer will cover transportation costs and may provide and pay for housing.
Workplace Rights: while you are in the United States, you have the right to work in a healthy and safe workplace, free from discrimination, harassment, and exploitation. Your employer must comply with all relevant federal and local workforce laws and regulations.
Family
Your family may join you in the United States:
- Your spouse and unmarried children under 21 can be your dependents and are eligible for an H-4 visa
- Your spouse and children under H-4 status can study in the United States
- Your spouse under H-4 status can file for an Employment Authorization Document (EAD) and work in the U.S.
Parties Involved
The sponsoring entity is your future employer. Your company will need a certified immigration lawyer or agency.
Process Step by Step
Here is the process in the correct order:
- The entity applies for a prevailing wage determination and a temporary labor certification for new H-2B workers
- You find a job at an entity with an approved temporary labor certification for H-2B
- Your entity files an H-2B petition on your behalf
- You apply for the H-2B visa (if you are outside the USA)
- You obtain the H-2B visa and travel to the USA (if you are outside the USA)
Important: No steps can be skipped.
Job Search Duration
Duration varies depending on your profile and the difficulty of your field. Someone with the necessary licenses, an expert-prepared resume, applying to 5 or more targeted jobs weekly, and interview-ready typically secures an ideal job offer with visa sponsorship within four months.
H-2B jobs can be found at seasonaljobs.dol.gov.
H-2 Visa Process Duration
For Entities: the H-2B visa process on the company side usually takes 5 months. There are two annual deadlines: March and September, with a cap of 33,000 workers per deadline. Unused numbers from the first half can become available for the second half. Unused H-2B numbers do not carry over into the next fiscal year.
For Candidates: candidates usually take 4-6 weeks to obtain an H-2 visa. As long as the entity is authorized by the U.S. Department of Labor, you can apply at any time during the year; there is no annual deadline at the U.S. Department of State. Your deadline is your first day of employment.
Fees
No visa or recruitment fees are charged to candidates. For employers, the price ranges from $1,000 to $7,000.
Alternatives
The J-1 visa is designed for professional training and skill development—not just temporary labor. It is not subject to strict annual caps, making it more accessible year-round. The J-1 also offers valuable tax advantages not available under H-2B and allows longer stays of up to 18 months (or 12 months in hospitality and tourism), compared to the typically shorter, seasonal H-2B duration.