H-2B visa: landing a non-agricultural seasonal job in the United States

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The H-2B programme in brief

H-2B is a US temporary non-agricultural worker classification. It lets an American employer hire a foreign national when its need is seasonal, peak-load, intermittent or a one-time occurrence, and when no qualified local workers are available for the job.

It differs from H-2A, which is reserved for farm work, and from H-1B, intended for skilled positions requiring a university degree. H-2B mainly covers manual and service jobs, with no degree requirement for the worker being recruited.

Which jobs and regions hire?

• Landscaping and grounds maintenance, the largest user sector, from March to November.
• Hotels and restaurants in beach resorts from Maine to Florida and in national parks.
• Amusement parks, fairs and seasonal events.
• Ski resorts in Colorado, Utah or Vermont, from November to April.
• Seafood processing, notably crab in Maryland and fish in Alaska.
• Forestry, construction and cleaning in some regions.

Summer jobs on the East Coast and in Alaska usually run from April or May to September, while winter resort contracts cover December to March. Landscaping firms often keep the same returning crews for eight to nine months every year.

A temporary need defined by the employer

The employer's need must end in the near, definable future. It is generally limited to one year or less, and up to three years for a one-time occurrence. The certified period sets the working dates of the foreign employee.

Maximum length of stay

Total time in H-2B status cannot exceed three consecutive years. The worker must then spend at least three months outside the United States before being readmitted in this status or obtaining a further extension of stay.

Who can obtain an H-2B?

H-2B is open to nationals of countries on a list published each year by the Department of Homeland Security, which includes more than 80 countries. Mexico supplies most workers, followed by Central American and Caribbean countries such as Jamaica and Guatemala.

Workers cannot file their own application. Everything starts with the US employer, which must obtain a temporary labor certification from the Department of Labor, then file a petition with US Citizenship and Immigration Services on the worker's behalf.

A cap of 66,000 visas a year

Congress caps H-2B at 66,000 visas per fiscal year: 33,000 for jobs starting between 1 October and 31 March, and 33,000 between 1 April and 30 September. Unused numbers from the first half carry over to the second.

Cap-exempt cases

Workers already in H-2B status who extend their stay or change employer, fish roe processors and jobs in Guam or the Northern Mariana Islands until 31 December 2029 are not counted. Supplemental visas above the cap are sometimes authorised.

Pay and working conditions

Employers must pay the higher of the prevailing wage for the occupation in the area or the applicable minimum wage. They cover the worker's visa fees and certain transport costs, and must honour the hours stated in the job order.

Health insurance is not required by the programme, so the coverage on offer must be checked. Housing is not mandatory either, unlike under H-2A; in remote resorts, employers often offer a room in exchange for a deduction from wages.

The path to an H-2B job

The timetable is tight because the half-year cap is often reached within days. Employers file up to three months before the start date, and candidates are selected well before the season opens, so early contact with employers is essential.

1. Check that your nationality appears on the annual list of H-2B eligible countries.
2. Browse H-2B job orders on SeasonalJobs.dol.gov and contact employers directly.
3. Obtain a written offer stating pay, hours, location, dates and any housing.
4. Wait for Department of Labor certification and USCIS approval of the petition.
5. Complete the online visa form and attend the interview at the US consulate.
6. Enter the US no earlier than ten days before the contract starts and keep your payslips.

Common fraud and traps

• Paying recruitment fees to an intermediary: employers cannot pass them on to workers.
• Trusting an H-2B offer that is absent from SeasonalJobs.dol.gov and lacks certification.
• Accepting confiscation of your passport by the employer or recruiter.
• Changing jobs without a new petition, which causes loss of status.
• Ignoring the end date and overstaying, which jeopardises future returns.

H-2B for Europeans

Several European countries are on the list, but employers recruit mostly where established pipelines exist. For young Europeans, J-1 exchange visas such as summer camp counsellor or student summer work travel are often far more accessible.

Frequently asked questions about H-2B

The following answers cover the general rules of the programme. US regulations change regularly, particularly regarding supplemental visas and fees, and should be checked on official Department of Labor and immigration websites before any step.

Can my family come with me?

A spouse and unmarried children under 21 can obtain derivative H-4 status, which does not count against the cap. They are not allowed to work in the United States, however, which makes the stay considerably more expensive for the household.

Can I return for several seasons in a row?

Yes, many H-2B workers return to the same employer every year. Each season requires a new certification and a new petition, and workers must respect the three-year cumulative limit followed by three months outside the country.

Can H-2B lead to a green card?

H-2B is a nonimmigrant status based on a temporary need. It does not open a direct path to permanent residence, and workers must show their intention to return to their home country at the end of the contract.

What happens when the cap is reached?

Once the half-year cap is reached, employers can no longer file cap-subject petitions for those dates. Remaining options are cap-exempt cases, any supplemental visas released by the government, or postponing recruitment to the next half of the year.