H-2B Temporary Non-Agricultural Workers

• To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):
  • One-time occurrence – A petitioner claiming a one-time occurrence must show that it has:
    • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
    • Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;

OR

• Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
  • Traditionally tied to a season of the year by an event or pattern; and
  • Of a recurring nature.

Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:

• Unpredictable;
• Subject to change; or
• Considered a vacation period for your permanent employees.

OR

• Peak load need – A petitioner claiming a peak load need must show that it:
  • Regularly employs permanent workers to perform the services or labor at the place of employment;
  • Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
  • The temporary additions to staff will not become part of the employer's regular operation.

OR

• Intermittent need – A petitioner claiming an intermittent need must show that it:
  • Has not employed permanent or full-time workers to perform the services or labor; and
  • Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

*NOTE: As of Jan. 17, 2025, DHS regulations no longer require USCIS to consider whether the beneficiary is a national of a country that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated as eligible to participate in the H-2B program.

There is a statutory numerical limit, or "cap," on the total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be available for employers seeking to hire H-2B workers during the second half of the fiscal year. However, unused H-2B numbers from one fiscal year do not carry over into the next.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.  For additional information on the current H-2B cap, and on workers who are exempt from it, see the Cap Count for H-2B Nonimmigrants Web page.

• Step 1: Petitioner submits temporary labor certification application to DOL. Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).* For further information regarding the temporary labor certification application requirements and process, see the Foreign Labor Certification, Department of Labor and Foreign Labor Certification, Guam Department of Labor Web pages.
• Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit the original temporary labor certification with Form I-129 (See the Form I-129 instructions for additional filing requirements). If the application for a temporary labor certification was processed in DOL’s FLAG system, the petitioner must include a printed copy of the electronic one-page “final determination” of the H-2B temporary labor certification approval with Form I-129. USCIS will consider a printed copy of the final determination as the original and approved temporary labor certification. If a petitioner has already submitted the original temporary labor certification with a previous Form I-129, submit a copy of the temporary labor certification and provide an explanation that includes the receipt number of the petition with which the original was filed, if available.
• Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approved Form I-129, prospective H-2B workers who are outside the United States must:
  • Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
  • Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry in cases where an H-2B visa is not required.

*Note: If you are petitioning for one or more Canadian musicians that will be employed within a 50 mile radius from the U.S.-Canadian border for 30 days or less, you may skip Step 1 in the H-2B process.

Anyone (including American workers and H-2B workers who suspect they or others may be the victim of H-2B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential fraud or abuse using our online tip form.

Under the new regulations in effect on January 17, 2025, USCIS has the authority to deny H-2B petitions filed on or after January 17, 2025, if the petitioner or its predecessor has been found to have committed certain serious labor law violations or otherwise violated the requirements of the H-2A or H-2B program.  Prospective denials under this provision will apply across both H-2 classifications regardless of whether the violation occurred in the H-2A or H-2B program. Whether the denial is mandatory or discretionary will depend on the nature of the past violation(s). For more information, see 8 CFR 214.2(h)(10)(iv) and the Form I-129 Instructions.

For the purposes of this denial authority, a criminal conviction or final administrative or judicial determination against certain individuals will be treated as a conviction or final administrative or judicial determination against the petitioner or successor in interest. For more information, see 8 CFR 214.2(h)(10)(iv)(C).

In addition, see 8 CFR 214.2(h)(6)(i)(D) with respect to how USCIS determines whether an employer is a successor in interest.

As a condition of approval of an H-2B petition, no job placement fee, fee or penalty for breach of contract, or other fee, penalty, or compensation (either direct or indirect) related to the H-2B employment (collectively, “prohibited fees”) may be collected at any time from a beneficiary of an H-2B or any person acting on the beneficiary’s behalf.

Prohibited fees may include, but are not limited to, deduction or withholding of wages or salary, whether or not such deduction or withholding of wages or salary provides some benefit to the beneficiary. Passing a cost to the beneficiary that, by statute or applicable regulations is the responsibility of the petitioner, constitutes the collection of a prohibited fee. For additional information, see 8 CFR 214.2(h)(6)(i)(B)-(D) and the Form I-129 Instructions.

USCIS will deny or revoke the petition if we determine that the petitioner or any petitioner’s employee, agent, attorney, facilitator, recruiter, or similar employment service, or any employer or joint employer, collected, or entered into an agreement to collect, prohibited fees, as described above, whether before or after the filing of the petition. For information about the limited exceptions to a mandatory denial or revocation for prohibited fees, see 8 CFR 214.2(h)(6)(i)(B)-(D) and the Form I-129 Instructions.

If USCIS denies or revokes a petition for prohibited fees, or if the petitioner withdraws the petition after USCIS issued a notice of intent to deny or revoke on this basis, USCIS will deny any H-2A or H-2B petition that the petitioner or the petitioner’s successor in interest files within 1 year after the decision or acknowledgment of withdrawal if the denied or revoked petition was filed on or after January 17, 2025.  After that 1-year period, USCIS will deny any H-2A or H-2B petition that the petitioner or the petitioner’s successor in interest files for an additional 3 years unless each affected beneficiary, or their designee as appropriate, has been reimbursed in full.  Denial on this basis will apply to petitions for both the H-2A and H-2B classifications regardless of whether the denial, revocation, or withdrawal occurred in the H-2A or H-2B program. The 3-year denial period will apply to petitioners whose petitions were previously denied, revoked, or withdrawn after being filed on or after January 17, 2025. For additional information, including regarding successor in interest determinations and reimbursement of designees, see 8 CFR 214.2(h)(6)(i)(B)-(D) and the Form I-129 Instructions.

Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.

A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of at least 60 days before seeking readmission as an H-2B nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2B time.

“Resetting” the 3-year limit

An absence from the United States for an uninterrupted period of at least 60 days at any time will result in the H-2B worker becoming eligible for a new 3-year maximum period of H-2B stay. Brief trips to the United States for business or pleasure during the required time abroad are not considered to be interruptive, but do not count towards fulfillment of the required 60-day minimum period of time abroad.

To qualify, the petitioner must provide evidence documenting the worker’s relevant absence(s) from the United States, such as, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad.

You generally may file one petition to request all of your H-2B workers associated with one temporary labor certification (with a limit of 25 named workers per petition). If you are required to file more than one petition (for instance if you are filing on behalf of both named and unnamed workers) or if you choose to file more than one petition:

• The total number of beneficiaries on your petitions may not exceed the total number of workers approved by the U.S. Department of Labor on the temporary labor certification;
• Each petition must be accompanied by a copy of the same temporary labor certification; and
• Please include an attachment noting that you are filing other petitions based on the same temporary labor certification.

Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

OMB Control Number 1615-0107

Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur:

• Worker Never Reported for Work: The H-2B worker does not report for work within 5 work days of the latter of:
  • The employment start date on the H-2B petition; or
  • The start date established by the employer;
• Worker Stopped Reporting for Work: The H-2B worker leaves without notice and does not report for work for a period of 5 consecutive workdays without the consent of the employer;
• Termination: The H-2B worker is terminated before completing the H-2B labor or services for which he or she was hired; or
• Early Completion: The H-2B worker finishes the labor or services for which he or she was hired more than 30 days earlier than the end date specified in the H-2B petition.

Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

Petitioners must include the following information in the employment-related notification:

1. The reason for the notification (for example, explain that the worker “never reported for work,” or “stopped reporting for work,” or that the employment ended in “termination,” or “early completion");
2. The reason for untimely notification and evidence for good cause, if applicable;
3. The USCIS receipt number of the approved H-2B petition;
4. The petitioner’s information, including:
   • Name
   • Address
   • Phone number
   • Employer identification number (EIN)
5. The employer’s information (if different from that of the petitioner):
   • Name
   • Address
   • Phone number
6. The H-2B worker’s information:
   • Full Name
   • Date of birth
   • Place of birth
   • Last known physical address and phone number

Additionally, to help USCIS identify the H-2B worker, submit the following for each H-2B worker, if available:

• Social Security number, and
• Visa number

Note: The employment notification requirement is a petitioner obligation and does not represent an indication of wrongdoing on the part of the H-2B worker. Further, USCIS does not consider the information provided in a petitioner notification, standing alone, to be conclusive evidence regarding the worker’s current status.

How do I notify USCIS?

Email or mail your notification to the USCIS Service Center that approved the I-129 petition. Although not required, email notification is strongly recommended to ensure timely notification.

California Service Center

By email: CSC-X.H-2BAbs@uscis.dhs.gov

By mail:

USCIS California Service Center
P.O. Box 30113 / ALL OTHER (Attn: BCU Section)
Tustin, CA 92781

Vermont Service Center

By email: VSC.H2BABS@uscis.dhs.gov

By mail:

Vermont Service Center
Attn: BCU ACD
38 River Road
Essex Junction, VT 05479-0001

The National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) created an exemption for certain H-2B petitioners on Guam and in the Commonwealth of the Northern Mariana Islands (CNMI) from the requirement to show that the need for a worker is temporary.  This exemption has been extended and amended by subsequent NDAAs. Volume 2, Part I, Chapter 11 of the USCIS Policy Manual provides additional information and guidance on qualifying for the exemption.

• Guidance on “Temporary Need” in H-2B Petitions
• Cap Count for H-2B Nonimmigrants