United StatesWork
US H-2A and H-2B seasonal worker visas
H-2A and H-2B temporary worker visas
In short
H-2A lets US farmers hire foreign workers for temporary or seasonal agricultural work, and H-2B covers temporary non-agricultural jobs such as hospitality and landscaping. The employer first obtains a temporary labour certification from the Department of Labor and then petitions USCIS. Since 17 January 2025 there is no longer an eligible-country list, so workers of any nationality can be petitioned for.
Apply on USCIS – H-2A Temporary Agricultural Workers checked 25 October 2026
Key facts
- Maximum stay
- Period of the certified need, usually up to 1 year, extendable to a 3-year maximum
- Fee
- US$205Visa application fee for H category (22 CFR 22.1); employer pays I-129 fees, e.g. $1,090 (H-2A) or $1,080 (H-2B) with named workers
- Work
- Only the certified job for the petitioning employer
- Family
- Spouse and children under 21 on H-4 visas (no work)
- Path to permanent residence
- None; temporary intent required
- Where to apply
- Employer files with DOL and USCIS; interview at the U.S. embassy or consulate in your country of nationality or residence
Nationality and caps
Since 17 January 2025, DHS regulations no longer require USCIS to check whether the worker’s country is on a designated eligible-country list, so nationality is no longer a separate condition. H-2A has no annual cap; H-2B is capped by statute at 66,000 a year, split between the two halves of the fiscal year, with occasional supplemental numbers announced in the Federal Register.
Employer requirements
The employer must show the need is temporary (seasonal, peak-load, intermittent or one-time), that there are not enough able, willing and qualified US workers, and that hiring foreign workers will not adversely affect US wages and conditions. It obtains a temporary labour certification from the Department of Labor (with Guam’s Department of Labor for jobs in Guam), then files Form I-129 with USCIS. H-2A employers must also provide housing and transport benefits required by DOL rules.
Fees
USCIS fees are paid by the employer: H-2A $1,090 on paper with named workers ($545 for small employers) or $530 for unnamed workers; H-2B $1,080 with named workers or $580 unnamed, plus the Asylum Program Fee and, for H-2B, a $150 fraud prevention fee. Recruitment fees charged to workers are prohibited. The worker pays the $205 visa fee.
Stay and extensions
Stays follow the labour certification, generally up to 1 year, and can be extended in increments of up to 1 year to a maximum of 3 years, after which the worker must spend an uninterrupted period outside the United States before returning in H-2 status.
Documents
Required documents
Identity
- Valid passport, one 5 × 5 cm photo and the DS-160 confirmation page
Work
- Form I-797 approval notice and a copy of the I-129 petition
Supporting documents (where they apply)
Work
- Employment contract or job offer matching the labour certification
Other
- Evidence of ties to your home country and intent to return after the season
How to apply, step by step
- A US employer offers you a seasonal job and applies for temporary labour certification with DOL.
- The employer files Form I-129 with USCIS (H-2B subject to the cap).
- After approval, complete the DS-160 and pay the $205 visa fee.
- Attend the interview at the U.S. embassy or consulate with the approval notice.
Frequently asked questions
Does my nationality matter for H-2A or H-2B?
No longer. Since 17 January 2025 there is no eligible-country list requirement, so a US employer can petition for workers of any nationality.
Can I pay an agency to get an H-2 job?
Employers and their recruiters may not collect recruitment fees from H-2 workers; petitions can be denied or revoked if they do.
Can my family work in the US?
H-4 dependants of H-2 workers cannot work.
Official sources
- USCIS – H-2A Temporary Agricultural Workers
- USCIS – H-2B Temporary Non-Agricultural Workers
- USCIS – G-1055 Fee Schedule (edition 10/16/26)
- 22 CFR 22.1 – Schedule of fees for consular services
- Proclamation 10998 – Restricting and Limiting the Entry of Foreign Nationals (Federal Register, govinfo)
- Servicio oficial de citas de visa del Departamento de Estado (México) – Cómo solicitar y renovar una visa (incluida la H-2A)
Summarised from the official sources above. Rules, fees and processing times change: confirm with the embassy or the official portal before you apply.
Other visa types for the United States
Visits and short stays
- Tourist visa Maximum stay: Set by CBP on the I-94 at entry, usually up to 6 months for visitors
- Medical treatment visa Maximum stay: Set by CBP; an extension can be requested with Form I-539 if treatment continues
- Transit visa Maximum stay: Immediate and continuous transit only; never more than 29 days
Business and self-employment
- Business visa Maximum stay: Set by CBP on the I-94 at entry, usually up to 6 months for visitors
- Investor visa Maximum stay: Admission normally for up to 2 years at a time, renewable while the business qualifies
Study and training
- Student visa Maximum stay: From 15 September 2026: the programme end date, up to 4 years, plus a 30-day departure period; longer study needs an extension from USCIS
- Researcher visa Maximum stay: Length of the programme, up to 5 years
- Internship and trainee visa Maximum stay: Interns up to 12 months; trainees up to 18 months (12 months in agriculture and hospitality and tourism)
- Au pair visa Maximum stay: 12 months, extendable by 6, 9 or 12 months with State Department approval
Work
- Skilled worker visa Maximum stay: Up to 3 years, extendable to 6 years in total
- Intra-company transfer visa Maximum stay: Initial stay up to 3 years (1 year for a new office); total 7 years for L-1A and 5 for L-1B
- Work visa Maximum stay: Up to 3 years initially; extensions in 1-year increments
Family
- Spouse and partner visa Validity: K-1: 90 days to marry; CR-1: 2-year conditional green card; IR-1: 10-year green card
- Family reunification visa Processing time: Immediate relatives: no queue after petition approval; preference categories: years, depending on the Visa Bulletin
Residence
- Golden visa and residence by investment Validity: Conditional green card for 2 years, then Form I-829 to remove conditions
- Permanent residence Validity: 10-year card (2-year conditional card for recent marriages and EB-5)
Online travel permits
- Electronic travel authorisation (ETA) Maximum stay: Up to 90 days per visit
Faster processing
- Fast-track and priority visa services Processing time: Premium processing: 15 business days for most cases, 30 for I-765 and I-539, 45 for E13 and NIW I-140
Protection
- Asylum and international protection Processing time: No fixed timeline; affirmative cases are interviewed by a USCIS asylum office