Visado H-2B 2026: Requisitos y límite del visado para trabajadores estacionales no agrícolas

Visado H-2B 2026: Requisitos y límite del visado para trabajadores estacionales no agrícolas

Principales conclusiones

• H-2B statutory cap: 66,000 per fiscal year (33,000 first half, 33,000 second half)
• FY2026 supplemental: 64,716 additional visas — 20,716 returning workers + 44,000 unrestricted
• Employers must obtain DOL temporary labor certification before filing with USCIS
• File DOL application no earlier than 90 days and no later than 75 days before the date of need
• Maximum stay: 3 years, then must depart for 3+ months before a new petition
• Premium processing available: $2,805 for 15-business-day USCIS adjudication

The H-2B temporary nonimmigrant worker visa program allows US employers with seasonal, peak-load, intermittent, or one-time labor needs to hire foreign workers for non-agricultural positions when there are insufficient available US workers. Industries from landscaping to hospitality to seafood processing depend on the H-2B program to staff up for seasonal demand. The statutory cap of 66,000 per fiscal year consistently exhausts early in the season, making the FY2026 supplemental allocation of 64,716 additional visas critical for employers who missed the initial cap. This guide covers the 2026 H-2B process from DOL certification through visa issuance.

What Is the H-2B Visa and Who Can Use It?

The H-2B visa is a temporary nonimmigrant work visa for workers in non-agricultural industries that have a seasonal, peak-load, intermittent, or one-time need for additional labor. The employer — not the worker — drives the H-2B process. The employer must prove that not enough US workers are willing and available to fill the positions, and that hiring H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers.

Industries that commonly use H-2B workers include:

• Landscaping and lawn care (the single largest H-2B employer industry)
• Hotels and resorts (housekeeping, grounds maintenance, food service)
• Amusement parks and ski resorts
• Seafood and fish processing (particularly in Alaska, Gulf Coast)
• Construction (for defined project-based or seasonal needs)
• Golf courses
• Carnivals and traveling fairs
• Moving companies

The H-2A visa covers agricultural workers specifically — if your need is farm labor or other agricultural operations, H-2A is the applicable program. H-2B is strictly for non-agricultural work. Unlike the H-1B which covers specialty occupation professionals, H-2B covers workers in roles that typically do not require a college degree.

H-2B Cap: 66,000 + FY2026 Supplemental Visas

Congress set the H-2B statutory cap at 66,000 visas per fiscal year, split equally: 33,000 for the first half (October 1–March 31) and 33,000 for the second half (April 1–September 30). The cap has been reached in the first half virtually every year since 2017, creating bottlenecks for spring-season employers.

For FY2026, DHS exercised its statutory authority to release supplemental H-2B visas beyond the 66,000 cap. The FY2026 supplemental allocation totals 64,716 additional visas, structured as follows:

• 20,716 visas for returning workers: Available to nationals of any country who held H-2B status during FY2023, FY2024, or FY2025. This reflects the policy preference for workers with proven US compliance records.
• 44,000 visas for all eligible workers: Available to nationals of countries that are on the DHS list of eligible H-2B sending countries, regardless of prior H-2B history.

Supplemental visas are released in batches — employers should monitor USCIS H-2B announcements and file promptly when registration opens. The cap fills quickly.

The H-2B Employer Process: DOL Certification to USCIS Approval

H-2B is an employer-sponsored visa with a multi-agency process. Employers who skip steps or file out of order face denial and delays that can leave them short-staffed at peak season. The process has five major stages.

Step 1: Prevailing Wage Determination

Before filing anything, the employer must obtain a prevailing wage determination from the Department of Labor’s National Prevailing Wage Center. This establishes the minimum hourly wage the employer must pay H-2B workers in the specific occupation and geographic area. The employer can submit the prevailing wage request via iCert (icert.doleta.gov). Processing takes approximately 30-60 days — factor this into your timeline when planning the filing window.

Step 2: Temporary Labor Certification (DOL)

The employer must file an Application for Temporary Employment Certification (Form ETA-9142B) with the DOL’s Chicago National Processing Center. This application must be filed no earlier than 90 days and no later than 75 days before the date of need. Timing is strict — early or late filings are rejected. The DOL application requires:

• Detailed job description with specific duties, hours, and wages
• Proof of recruitment: job postings in a newspaper of general circulation, state workforce agency postings, and the employer’s own website
• Documentation that no qualified US workers applied or that those who applied were referred and considered
• The prevailing wage determination

DOL reviews the application and issues either a certification or denial. Certified applications are valid for 120 days. Employers can request reconsideration of denials but this can take additional months. The Department of Labor has detailed H-2B compliance requirements — see DOL H-2B Compliance for current regulations.

Step 3: USCIS Filing (Form I-129)

With the certified ETA-9142B in hand, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, along with the H-2B supplement and supporting documentation. The I-129 must be filed within the cap availability window. Premium processing is available for $2,805 — USCIS will process the petition within 15 business days. For seasonal employers where timing is critical, premium processing is often essential.

Step 4: Consular Visa Application

After USCIS approves the I-129, workers in visa-required countries (most countries) apply for H-2B visas at US embassies or consulates. Workers complete Form DS-160, pay the $185 MRV fee, and attend a visa interview. H-2B workers in certain countries — including Mexico, El Salvador, Guatemala, Honduras, and others on the DHS designated country list — are eligible for the H-2B program. Workers must demonstrate nonimmigrant intent: a residence and ties in their home country to which they intend to return.

Step 5: Entry and Employment

H-2B workers may enter the US up to 10 days before the employment start date. At the port of entry, CBP officers confirm the visa and employment details. If a worker does not report for work within 5 days of the start date, the employer must notify USCIS via the employer notification portal.

H-2B Duration, Extensions, and the 3-Year Maximum

Initial H-2B status is granted for the period of petitioned need, typically up to 1 year. Extensions of status can be granted in 1-year increments. The total maximum period in H-2B status is 3 years — after which the worker must depart the US and remain outside for at least 3 consecutive months before any new H-2B petition can be filed on their behalf.

Workers who reach the 3-year cap are not eligible for H-2B status again until after the 3-month departure. Some employers manage this by rotating their H-2B workforce. The returning worker preference in supplemental allocations benefits workers who return after meeting the 3-month requirement.

Worker Protections and Employer Obligations

H-2B workers have legal protections under federal law. Employers who violate these protections face civil penalties, debarment from future H-2B filings, and criminal prosecution. Key employer obligations include:

• Pay at least the prevailing wage listed in the DOL certification for all H-2B workers in that occupation and location
• Pay return transportation: The employer must pay for the worker’s return transportation home if the worker completes the H-2B period or is terminated before the end of the period through no fault of their own
• Provide housing if the employer has advertised housing in the recruitment process
• Reimburse visa, border crossing, and recruitment costs that reduce the worker’s net pay below the prevailing wage in the first workweek
• Maintain records of hours worked, wages paid, and deductions

Workers who believe their rights have been violated can file complaints with the Department of Labor’s Wage and Hour Division at dol.gov/agencies/whd.

H-2B vs. H-2A: Key Differences

Employers sometimes confuse H-2B and H-2A. Both are temporary worker programs, but they serve different industries with different rules:

If your business involves any agricultural activity, confirm with an immigration attorney whether H-2A or H-2B applies to your specific situation.

H-2B Visa FAQ

What is the H-2B visa cap for 2026?

The statutory H-2B cap is 66,000 per fiscal year — 33,000 in the first half and 33,000 in the second half. For FY2026, DHS released an additional 64,716 supplemental visas (20,716 returning workers + 44,000 unrestricted), bringing total FY2026 H-2B availability to approximately 130,716.

What industries use the H-2B visa?

The H-2B visa covers non-agricultural seasonal work including landscaping, hotels and resorts, seafood processing, amusement parks, ski resorts, housekeeping, golf courses, and seasonal construction. The work must be temporary in nature — tied to a season, a peak load, or a one-time occurrence. Agricultural work uses the H-2A visa program.

How long can an H-2B worker stay in the US?

Up to 3 years total in H-2B status (in 1-year increments). After reaching 3 years, the worker must depart and remain outside the US for at least 3 consecutive months before a new H-2B petition can be filed. Spouses and children may accompany on H-4 status but cannot work.

Does the H-2B worker need to prove nonimmigrant intent?

Yes. H-2B applicants must demonstrate a foreign residence they intend to return to after completing US employment. Consular officers assess home-country ties including family, property, employment history, and community connections. Prior US overstays significantly harm H-2B approval odds.

What is the returning worker preference for H-2B?

For FY2026, DHS reserved 20,716 supplemental H-2B visas for workers who held H-2B status at any point in FY2023, FY2024, or FY2025. These returning workers are preferred because they have demonstrated compliance with prior H-2B terms and require less vetting than first-time applicants.