Program Resource
The H-2B Program — A Complete Guide
Everything employers and workers need to understand about H-2B: how the cap works, how the lottery works, the full process, wage rules, and what changed in 2025. Sourced directly from USCIS and DOL.
H-2B Program Guide
What is the H-2B Visa?
The H-2B nonimmigrant visa program allows US employers to bring foreign nationals to the United States to fill temporary, non-agricultural positions when there are not enough qualified US workers available to meet the demand. It is one of the most widely used temporary worker programs in the country.
Common industries that rely on H-2B workers include hotels, resorts, housekeeping, landscaping, food and beverage, amusement parks, ski resorts, golf courses, seafood processing, and forestry. The program is not for permanent staffing needs — it is specifically designed for temporary, seasonal, or intermittent workforce gaps.
The program is jointly administered by the US Department of Labor (DOL) and the US Citizenship and Immigration Services (USCIS). Employers must obtain a Temporary Labor Certification from DOL before filing a petition with USCIS.
Eligibility
Who Qualifies for H-2B?
To qualify, the employer must demonstrate that their need for workers falls into one of four categories of temporary need:
Seasonal
The employer's need is tied to a recurring season or pattern of demand. Examples: a summer beach resort, a ski lodge, or a holiday park. The need must be genuinely seasonal — not just a preference for temporary labor.
Peak Load
The employer has permanent staff but needs temporary workers to supplement during a predictable short-term spike in demand. The temporary workers cannot displace permanent employees.
Intermittent
The employer does not have permanent staff for the position and only occasionally needs workers for short periods. The need is real but infrequent.
One-Time Occurrence
An unusual event has created a temporary need the employer has never had before and does not expect to have again. This must be a genuinely non-recurring situation.
Important for Employers
The employer must clearly prove which category applies when filing for DOL labor certification. A weak or unclear showing of temporary need is one of the most common reasons for denial.
Visa Limits
The Annual H-2B Cap
Congress sets a statutory cap of 66,000 H-2B visas per fiscal year (October 1 – September 30). This cap is split into two halves:
First Half
33,000
October 1 – March 31
Second Half
33,000
April 1 – September 30
Unused first-half visas roll over to the second half — but unused visas do not carry into the next fiscal year.
Demand has grown dramatically. In FY 2025, over 149,953 worker positions were requested for just 33,000 second-half slots — a 4.5x oversubscription. This is why early filing and understanding the lottery process is critical.
Workers Exempt from the Cap
- ✓Workers already in H-2B status extending their stay, changing employers, or changing job terms (already counted in a prior year)
- ✓Fish roe processors, technicians, or supervisors of fish roe processing
- ✓Workers employed in Guam or the CNMI — exempt through December 31, 2029
- ✓H-4 dependents (spouses and children of H-2B workers)
FY 2026
The Supplemental Cap
In addition to the statutory 66,000, Congress has periodically authorized supplemental H-2B visas. For FY 2026, DHS and DOL added 64,716 supplemental visas via a joint temporary final rule announced January 30, 2026 — bringing the total to 130,716 for the year.
The supplemental cap is split into three allocations with different eligibility requirements:
| Allocation | Visas | Employment Dates | Who Qualifies |
|---|---|---|---|
| First | 18,490 | Jan 1 – Mar 31, 2026 | Returning workers only (FY 2023/24/25) |
| Second | 27,736 + unused | Apr 1 – Apr 30, 2026 | Returning workers only (FY 2023/24/25) |
| Third | 18,490 + unused | May 1 – Sep 30, 2026 | Any worker — no returning requirement |
How fast does it go?
The FY 2026 first allocation opened January 30 and hit its cap in 5 business days. Employers who waited even a week missed it entirely.
Selection Process
The DOL Assignment Group Lottery
Since FY 2020, when H-2B applications filed in the first 3 days exceed the cap, DOL's Office of Foreign Labor Certification (OFLC) uses a randomized lottery to assign processing order.
Filing Window Opens
For April 1 start dates, the window opens January 2. All applications filed on days 1–3 are collected together.
Randomization
OFLC randomly orders all collected applications using a computer-generated selection process.
Groups Assigned
Group A contains enough worker positions to reach the 33,000 cap. All remaining applications become Groups B, C, D, E, F, G...
Processing Begins
Group A is processed first. Groups B+ are only processed if cap slots open from denials or withdrawals — which is not guaranteed.
FY 2026 by the numbers
For the FY 2026 second half (April 1 starts): 9,544 applications covering 151,897 worker positions were filed — for 33,000 slots. Groups went all the way to Group G. Only Group A employers had a realistic path to certification.
How It Works
Step-by-Step Process
Temporary Labor Certification — Department of Labor
The employer files with DOL to prove there are insufficient US workers available for the positions. This requires posting job ads, conducting a US worker recruitment campaign, and filing the H-2B Application for Temporary Employment Certification (Form ETA-9142B) during the designated filing window. DOL reviews the application and issues either a Notice of Acceptance or Notice of Deficiency.
Form I-129 Petition — USCIS
After receiving DOL certification, the employer (or their immigration attorney) files Form I-129 (Petition for Nonimmigrant Worker) with USCIS, attaching the approved labor certification. USCIS reviews the petition and issues an approval notice (Form I-797). Premium processing (faster adjudication) is available for an additional fee.
Visa Application — US Embassy or Consulate
Once the I-129 is approved, each named worker applies for their H-2B visa at the nearest US Embassy or Consulate in their home country. This involves completing Form DS-160, paying the visa fee, and attending an in-person interview. Wait times vary significantly by country and time of year.
Entry & Employment
After visa issuance, workers travel to the US and seek admission at a port of entry through US Customs and Border Protection (CBP). Once admitted, they can begin work with the petitioning employer. Workers are authorized to work only for the employer named on the petition — they cannot freely change jobs.
Planning
Why Timing Is Everything
The H-2B process is not forgiving of late starters. Miss the DOL filing window and you wait a full year. Here's a realistic planning timeline for a typical summer season (April 1 start date):
Contact JTP Agency. Define workforce needs: positions, location, headcount, dates.
Prevailing wage determination filed with DOL. Job advertising and US worker recruitment campaign begins.
DOL filing window opens. Applications must be filed in the first 3 days to enter the lottery.
DOL randomization completed. Assignment groups announced. Group A proceeds.
DOL reviews application, issues Notice of Acceptance. Employer completes recruitment attestation.
Labor certification received. Form I-129 filed with USCIS.
USCIS approves I-129. Workers apply for visas at US Embassy/Consulate.
Workers arrive and begin employment.
The bottom line
If you want workers by April 1, you need to be talking to JTP Agency by October. The window is narrow and demand is at record levels.
Worker Protections
Wages, Rights & Employer Obligations
H-2B employers have significant legal obligations to their workers. The DOL's Wage and Hour Division (WHD) enforces H-2B compliance and can impose substantial penalties on violating employers.
Wage Requirement — Pay the Highest Of:
- 1.The prevailing wage for the occupation and geographic area (as determined by DOL)
- 2.The federal minimum wage
- 3.The applicable state minimum wage
- 4.The applicable local minimum wage
✓ Permitted Deductions
- Legally required withholdings (taxes, court orders)
- Reasonable cost of board/lodging, if employer provides it
- Voluntary third-party payments (e.g., union dues)
✗ Prohibited — Workers Cannot Be Charged For:
- Recruitment or job placement fees
- Attorney or agent fees
- Application and petition filing fees
- Tools, uniforms, or required equipment
- Any cost legally the employer's responsibility
Employer Notification Requirements
Employers must notify USCIS within 2 business days if:
- →A worker fails to report within 5 business days of the employment start date
- →A worker stops reporting for 5+ consecutive business days without consent
- →A worker is terminated before the end of the petition period
- →The work is completed more than 30 days before the petition end date
Extensions & Returns
Returning Workers & Extensions
H-2B workers may return for multiple seasons, subject to the following limits:
Initial Period
Up to 1 year
Per labor certification period
Extensions
Up to 1 year each
New labor certification required each time
Maximum Stay
3 consecutive years
Then 60-day mandatory departure
After 3 consecutive years, workers must depart the US for at least 60 consecutive days before being eligible for H-2B again. Short trips to the US during that 60-day period don't reset or count toward the requirement.
Returning workers are highly valuable — they are familiar with their employer's operations, require less onboarding, and may qualify for supplemental cap allocations that are separate from the oversubscribed main cap lottery.
Eligibility Update
Country Eligibility
Historically, H-2B workers had to be nationals of countries specifically designated by DHS as eligible to participate in the program. That changed significantly in January 2025.
Rule Change — Effective January 17, 2025
USCIS removed the country designation requirement for H-2B petitions. Workers no longer need to be from a DHS-designated country to qualify. This opens the program to a significantly broader global talent pool.
JTP Agency recruits primarily from:
Compliance
Fraud, Abuse & Reporting
H-2B fraud most commonly takes the form of recruiters charging workers fees to participate in the program. This is always illegal. No legitimate H-2B recruiter — including JTP Agency — ever charges workers.
If someone claiming to represent JTP Agency asks you for money — do not pay. Contact us immediately at info@jtpagency.com.
Report suspected fraud through any of these official channels:
Ready to Work with JTP Agency?
We've been navigating the H-2B program for over 18 years. Whether you're an employer planning your next season or a worker looking for a US opportunity — we're here.