The H-2A and H-2B are the two main US visas for temporary workers in jobs that aren’t year-round. H-2A covers agricultural work — farms, orchards, dairies, livestock operations. H-2B covers non-agricultural seasonal work — hospitality, landscaping, construction, seafood processing, resorts, and similar industries with peak and off-peak demand.
Both visas serve a specific niche in the US labor market: positions that are temporary or seasonal by nature, where the employer needs workers for a defined period and genuinely can’t find enough qualified US workers to fill the roles. They are heavily scammed on the recruitment side, and many of the workers who come through these programs are among the most vulnerable in the US workforce.
A note: If you’re worried about encountering US Immigration and Customs Enforcement (ICE) at any point in this process, our Know Your Rights guide covers what to do.
This page covers what H-2A and H-2B actually are, who qualifies, how they differ, the eligible country lists, how employers get labor certification, the critical worker protections against recruitment fraud, what each visa costs the worker and the employer, how long they take, and what quietly kills H-2 petitions.
What H-2A and H-2B actually are
Both are non-immigrant visas for foreign workers coming to the US temporarily to fill specific jobs for specific employers.
H-2A: Agricultural Covers temporary or seasonal agricultural work — planting, cultivating, harvesting, livestock care, dairy work, orchard operations, and other work that qualifies as agricultural under Department of Labor (DOL) definitions.
H-2B: Non-Agricultural Covers temporary or seasonal non-agricultural work — hospitality (hotel, resort, restaurant staff), landscaping and groundskeeping, construction, forestry, seafood processing, carnival and amusement operations, and other temporary jobs that don’t qualify as agricultural.
Key features (both)
- Employer petitions for a specific worker and a specific job. Workers do not self-petition.
- DOL labor certification required. Employer must demonstrate that qualified US workers are unavailable and that hiring foreign workers won’t adversely affect US wages or working conditions.
- Spouse and unmarried children under 21 get H-4 derivative status. Can enter the US but cannot work on H-4 (unlike H-1B H-4 holders, who have limited work authorization options).
- Initial validity up to one year. Extendable in one-year increments, with a maximum total stay of three years.
- After three years, the worker must leave the US for at least three months (or longer, depending on circumstances) before being eligible for another H-2 visa.
- Nationality requirement. Workers must be nationals of countries on the USCIS-designated eligible country lists (different lists for H-2A and H-2B, both updated annually).
Key differences
| H-2A | H-2B | |
|---|---|---|
| Type of work | Agricultural | Non-agricultural, temporary or seasonal |
| Annual cap | No cap | 66,000 per year (33,000 per half of fiscal year) |
| Returning worker exemption | N/A (no cap) | Sometimes authorized by Congress |
| Housing requirement | Employer must provide free housing | Employer may provide housing but is not required to |
| Meals | Three meals per day OR access to kitchen facilities | Not required |
| Transportation | Employer pays inbound and outbound transportation and subsistence | Employer pays inbound transportation if required by federal regulation; practice varies |
| Wages | At least the higher of: adverse effect wage rate (AEWR), prevailing wage, agreed-upon collective bargaining wage, federal/state minimum wage | At least the higher of: prevailing wage, federal/state minimum wage |
| Three-fourths guarantee | Yes — employer must offer work for at least three-fourths of contract period | No equivalent guarantee |
Who qualifies
Three requirements for workers (common to both visas):
1. You are a national of an eligible country. USCIS publishes separate lists for H-2A and H-2B, updated annually. The lists overlap significantly but aren’t identical. See the “eligible countries” sections below.
2. You have a job offer from a US employer who has obtained the required labor certification from DOL and a petition approval from USCIS.
3. You have non-immigrant intent. You must demonstrate that you intend to return to your home country at the end of the authorized stay.
Eligible countries
The USCIS designates eligible countries for H-2A and H-2B each year based on factors including the country’s cooperation in accepting the return of its nationals, its compliance with other US immigration programs, and other considerations.
H-2A eligible countries have historically included (not exhaustive, changes annually): Argentina, Australia, Austria, Barbados, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mexico, Monaco, Netherlands, New Zealand, Nicaragua, North Macedonia, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Turkey, Ukraine, United Kingdom, Uruguay, Vanuatu.
H-2B eligible country lists are typically similar but not identical.
For the current year’s eligible country lists, check uscis.gov.
Nationals of countries not on the list can sometimes still get H-2 visas if the employer requests special permission from the Secretary of Homeland Security, with a strong justification. This is rare and discretionary.
How employers apply
The H-2A and H-2B processes are substantially employer-driven. The worker’s role is primarily to accept the job offer, complete the visa application, and attend the consular interview.
H-2A process
- Employer submits temporary labor certification application (Form ETA-9142A) to the Department of Labor’s Office of Foreign Labor Certification at least 45 days before workers are needed.
- DOL conducts the recruitment process — the employer must file a job order with the state workforce agency and complete other recruitment steps.
- DOL issues temporary labor certification if all requirements are met.
- Employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
- USCIS approves I-129 (premium processing is available for an additional fee).
- Workers apply for H-2A visa at a US embassy or consulate (or request admission at a port of entry, if visa-exempt).
- Workers travel to the US and begin work.
H-2B process
Similar structure, with important differences:
- Employer submits prevailing wage determination request to DOL at least 150 days before workers are needed.
- Employer conducts recruitment of US workers for a mandatory period, documenting results.
- Employer files Form ETA-9142B (Application for Temporary Employment Certification) with DOL.
- DOL issues certification.
- Employer files Form I-129 with USCIS.
- USCIS approves, subject to the annual cap. H-2B cap-subject petitions compete for a limited number of visas.
- Workers apply for H-2B visa at a US consulate.
- Workers travel to the US and begin work.
The H-2B cap of 66,000 per fiscal year is divided into two halves (33,000 for workers starting October-March, 33,000 for workers starting April-September). The cap is reached quickly most years — often within days of becoming available for the second half. Congress has sometimes authorized additional “returning worker” visas, but this is not automatic each year.
Worker protections against recruitment fraud
This section matters more than almost any other content on this page.
The single biggest problem in the H-2 programs isn’t the visa itself — it’s the recruitment pipeline before the visa. Many foreign workers pay thousands of dollars to recruiters in their home countries for H-2 jobs, often going into debt to do so. US law prohibits workers from paying for H-2 jobs, but enforcement is spotty and the practice is widespread.
What US law requires
- US employers and their agents cannot charge workers recruitment fees. This includes fees for finding the job, processing the application, or any other service related to getting the H-2 visa.
- Workers cannot be required to pay for their own visa application fees in H-2A cases (employer must reimburse). In H-2B, the worker typically pays visa fees but cannot be charged recruitment fees.
- Workers cannot be charged for required employer-provided items like housing (H-2A), tools, or transportation (where required).
- Employers must prohibit their recruiters from charging fees and are responsible for the actions of their agents.
What scams actually look like
- “Job placement fees” of $1,000–$10,000 or more, often framed as “processing” or “visa services”
- “Agents” and “recruiters” who contact workers in home countries, promising US jobs that often don’t exist
- Fake government documents or fabricated job offers
- Interest charges on money borrowed to pay recruitment fees
- Travel and training costs that should be employer-paid being charged to workers
- Threats and coercion once the worker arrives in the US, often tied to the debts
What to do if you have been charged recruitment fees
- Contact the US Department of Labor Wage and Hour Division at 1-866-487-9243 (toll-free, multiple languages)
- Contact Centro de los Derechos del Migrante (CDM) at cdmigrante.org — a nonprofit that specializes in H-2 worker rights
- Contact the Southern Poverty Law Center’s Immigrant Justice Project or similar organizations
- In serious cases involving coercion, debt bondage, or exploitation, this may qualify as trafficking — see the T visa guide.
You cannot lose your H-2 visa for reporting recruitment fraud or other labor abuses. US law prohibits retaliation against workers who exercise their rights.
What H-2 workers can expect in the US
Wages: Must be at least the required wage set by DOL for the job and location. For H-2A, this is typically the Adverse Effect Wage Rate (AEWR) specific to the state. For H-2B, this is the prevailing wage set for the occupation and area.
Hours: H-2A workers have the “three-fourths guarantee” — the employer must provide at least three-fourths of the hours in the contract (so a 10-week contract for 40 hours per week must provide at least 300 hours total). H-2B has no equivalent guarantee.
Housing (H-2A): Employer provides free housing meeting specific DOL standards. Workers cannot be charged rent, utilities, or deposits for employer-provided housing.
Meals (H-2A): Employer must provide three meals per day OR access to kitchen facilities with the opportunity to prepare meals. If meals are provided, the employer can charge a specified maximum amount per day.
Transportation (H-2A): Employer pays inbound transportation and subsistence from the recruitment area to the workplace once the worker completes 50% of the contract period. Outbound transportation at the end of the contract.
Switching employers: H-2 workers are tied to their sponsoring employer. Switching employers requires a new petition and labor certification by the new employer. Workers who quit or are terminated must leave the US unless they obtain another legal status.
Overstay: Working beyond the H-2 period, or doing work for anyone other than the sponsoring employer, violates status and can disqualify the worker from future H-2 visas.
What it costs
Worker costs
For both H-2A and H-2B:
- DS-160 visa application fee: $190 (for most H-2 workers)
- Visa reciprocity fee: varies by country, typically $0–200+
- Medical examination: varies by country, typically $100–300
Worker costs that should be zero (and are often illegally charged):
- Recruitment fees: $0 (illegal to charge)
- Labor certification fees: paid by employer
- I-129 petition fee: paid by employer
- Housing (H-2A): provided free by employer
Employer costs
H-2A:
- Labor certification: no DOL fee for H-2A
- Form I-129 filing fee: $715 base, plus $150 anti-fraud fee (reduced fees for small petitioners/non-profits)
- Attorney fees: typically $3,000–8,000 per labor certification/petition
- Housing, meals, transportation costs
- Required recruitment advertising
H-2B:
- DOL labor certification fee: typically $100 per worker, up to a maximum
- Form I-129 filing fee: $715 base, plus $150 anti-fraud fee (reduced fees for small petitioners/non-profits)
- Attorney fees: typically $3,000–8,000 per labor certification/petition
- Required recruitment advertising
How long it takes
Full timeline, from employer’s decision to hire to worker’s arrival: typically 4–8 months, longer during cap periods for H-2B.
- Labor certification: 60–90 days from filing
- I-129 processing: typically 2–4 months (premium processing available for 15-day decision)
- Consular visa processing: typically 2–8 weeks, depending on consulate wait times
- Travel and arrival: additional time
Employers who begin planning less than 6 months before workers are needed often miss the application windows.
What kills H-2 petitions
In rough order of frequency:
1. Labor certification problems. DOL finds the position isn’t actually temporary, the employer didn’t adequately test the US labor market, or other procedural failures.
2. Temporary need justification failures. The employer can’t credibly demonstrate the “one-time,” “seasonal,” “peak-load,” or “intermittent” nature of the need.
3. Worker ineligibility. Non-eligible country of nationality (without special authorization), prior H-2 overstay, prior visa fraud, criminal history.
4. Consular non-immigrant intent concerns. Workers can’t demonstrate strong ties to home country, especially for first-time H-2 applicants with limited travel history.
5. H-2B cap problems. Even an approved I-129 doesn’t guarantee a visa if the cap has already been reached for that fiscal year half.
6. Prevailing wage disputes. Employer’s offered wage is below the DOL-required rate.
7. Housing problems (H-2A). Employer-provided housing fails DOL inspection or doesn’t meet standards.
For spouses and children
Spouses and unmarried children under 21 can accompany H-2 workers on H-4 derivative status. Important limitations:
- H-4 holders cannot work. Unlike H-1B H-4 spouses with EAD eligibility, H-2 H-4 spouses have no work authorization pathway.
- H-4 children can attend school.
- H-4 dependents age out at 21.
- H-4 is tied to the principal’s status. If the H-2 worker’s status ends, H-4 dependents also lose status.
In practice, many H-2 workers come to the US alone and send money home to family. The H-4 option is used less than for other visa categories because the temporary nature of H-2 work makes long-term family relocation less practical.
Legal aid and worker rights organizations
Workers facing recruitment fraud, wage theft, dangerous conditions, or other abuses should contact:
- Centro de los Derechos del Migrante (CDM): cdmigrante.org — leading nonprofit for H-2 worker rights, with offices in Mexico and the US
- Southern Poverty Law Center Immigrant Justice Project: splcenter.org — legal services and advocacy
- Farmworker Justice: farmworkerjustice.org — H-2A and farmworker rights
- US Department of Labor Wage and Hour Division: 1-866-487-9243 (toll-free, multiple languages, confidential)
- National Human Trafficking Hotline: 1-888-373-7888 (for cases involving debt bondage, coercion, or trafficking)
- Legal Aid at Work: workplace rights for low-wage workers
- Local legal aid organizations often provide direct services to H-2 workers in regions with heavy agricultural or tourism industries
Where to go from here
If you are a worker considering H-2 employment:
- Is your country on the eligible list? Confirm against the current USCIS lists.
- Have you been asked to pay fees for a job? This is illegal and almost always indicates fraud. Walk away.
- Does the employer offer you a formal, written contract? You should receive a contract specifying wages, hours, working conditions, and the terms of your employment before you travel.
- Do you understand what you can and cannot do? H-2 workers can work only for the sponsoring employer. Switching jobs requires a new petition.
If you are an employer considering H-2 sponsorship:
- Can you demonstrate temporary need? This is the threshold question. One-time, seasonal, peak-load, and intermittent needs each have specific definitions.
- Can you plan 6+ months ahead? The combined labor certification and petition timeline is long. Last-minute H-2 hiring rarely works.
- Have you reviewed worker protection requirements? Housing (H-2A), wages, hours, transportation, and other obligations are enforced by DOL.
- Are you working with reputable recruiters? You are responsible for ensuring your agents and recruiters don’t charge workers fees. This is both legally required and ethically necessary.
The H-2A and H-2B programs serve legitimate labor market needs — US agriculture and seasonal tourism both depend heavily on them. For workers, they can provide meaningful economic opportunity. The programs’ main weaknesses — recruitment fraud, tied-employer vulnerability, limited work authorization for families — fall most heavily on workers, who have the least power in the system. Transparency about both the opportunities and the risks matters more here than for most visa categories.
The Beyond the Form H-2 Playbook (coming soon) walks through every strategic decision point for employers — how to document temporary need, how to structure labor certification applications that survive DOL review, how to meet housing and wage requirements, and how to manage returning worker programs. A separate worker-focused resource will address what to expect at each stage, how to identify legitimate recruitment, and how to assert your rights without jeopardizing your status. If you want to be notified when they launch, sign up below.