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H-2B Visa Program
H-2B In-Country Extension & Transfer
Already working in the US on an H-2B visa? You may be able to extend your stay or transfer to a new employer — without leaving the country. Here's everything you need to know.
Extensions
H-2B In-Country Extension
An H-2B extension allows a worker already in the US to extend their authorized stay beyond the original end date — without leaving the country — if their employer has a continued need for their services.
Extensions are filed by the employer with USCIS using Form I-129. The worker must still be in valid H-2B status at the time of filing, and the employer must demonstrate the continued temporary nature of the need.
Each extension can be granted for up to 1 year at a time. A new Temporary Labor Certification (TLC) from the Department of Labor is required for each extension.
H-2B workers can remain in the US for a maximum of 3 consecutive years total. After reaching the 3-year limit, the worker must depart and remain outside the US for at least 60 consecutive days before being eligible to return on a new H-2B visa.
Transfers
H-2B Employer Transfer
An H-2B in-country transfer — also called a change of employer — allows a worker currently in the US on H-2B status to move from one employer to another without leaving the country.
The new employer must file a new H-2B petition (Form I-129) with USCIS on the worker's behalf. Once the petition is filed, the worker may begin working for the new employer immediately — they do not need to wait for USCIS approval under portability rules.
In-country transfers do not count against the H-2B annual cap, since the worker has already been counted in the current fiscal year.
JTP Agency assists employers with filing in-country transfer petitions. Contact us to discuss your specific situation.
Cap Exemption
In-Country Workers Don't Count Against the Cap
This is one of the most important — and least known — aspects of H-2B in-country processing. Workers who are already in the US in H-2B status and are extending their stay or changing employers are exempt from the H-2B annual cap.
The 66,000 annual cap applies to new H-2B beneficiaries entering the US. Workers already counted in the current fiscal year do not use up a new cap slot when they extend or transfer. This means:
- ✓Extensions can be filed even after the cap is reached
- ✓Employer transfers can be filed even after the cap is reached
- ✓Cap-exempt filings are not subject to the lottery process
- ✓Processing timelines are not affected by cap exhaustion
Employer Requirements
What Employers Need to Know
USCIS Notification Requirements
Employers must notify USCIS within 2 business days if a worker fails to report within 5 workdays of their start date, stops reporting for 5+ consecutive workdays, is terminated early, or completes work 30+ days before the petition end date.
New TLC Required for Extensions
Each extension requires a new Temporary Labor Certification from the Department of Labor — the same DOL clearance process as a new petition. Plan ahead: DOL processing times can run several weeks.
Wage Requirements Still Apply
For extensions and transfers, the employer must pay at least the prevailing wage for the occupation and area, the federal minimum wage, or the applicable state/local minimum wage — whichever is highest.
No Fees to Workers — Ever
Under H-2B regulations, no fees related to the extension or transfer may be charged to the worker — directly or indirectly. All petition costs must be borne by the employer. Violations can result in petition denial and a 1-year ban.
Key Rules at a Glance
3-Year Maximum Stay
H-2B workers may not remain in the US for more than 3 consecutive years. After reaching the limit, a departure of at least 60 consecutive days is required before reapplying.
Employer Files — Not the Worker
Extensions and transfers must be initiated and filed by the employer. The worker cannot file on their own behalf. JTP Agency assists employers through the full USCIS petition process.
Start Immediately on Transfer
Under H-2B portability rules, a worker can begin working for the new employer as soon as the transfer petition is filed — no need to wait for USCIS approval.
60-Day Departure Rule
After the 3-year maximum, workers must spend at least 60 consecutive days outside the US. Short trips during that period don't count toward the 60 days.
Cap Exempt
In-country extensions and transfers do not count against the H-2B annual cap. These can be filed even after the cap has been reached for the fiscal year.
H-4 Dependents
Spouses and children under 21 of H-2B workers may apply for H-4 status. H-4 holders may remain in the US but cannot work.
Need an Extension or Transfer?
JTP Agency works with both workers and employers to navigate in-country H-2B extensions and transfers. Contact us to discuss your situation.