The H-2 programs fill genuinely temporary or seasonal jobs with foreign workers: H-2A for agriculture, uncapped, and H-2B for landscaping, hospitality, seafood, construction support, and more. Here’s the whole h-2a visa guide, in plain English.
H-2B visas per year, split between fiscal-year halves, with supplemental visas released in many years.
Cap on H-2A: the agricultural program is uncapped.
Days before need: the strict H-2B filing window. H-2A runs 45-75.
Four things make or break an H-2 case: the need, the certification, the country list, and the cap. These h2a visa requirements and hb 2 visa requirements decide it.
the employer's need is seasonal, peak-load, intermittent, or one-time.
a temporary labor certification proving no available U.S. workers and no wage depression.
the countries eligible for h2a visa appear on the eligible-country list, updated annually.
H-2B: 66,000 per year split between fiscal-year halves, with supplemental visas released in many years. H-2A has no cap.
Two programs, one machine: the same DOL-first process, with very different caps and windows.
seasonal agricultural work with no annual cap. The filing window runs 45-75 days before the date of need. UNCAPPED.
Form I-485
landscaping, hospitality, seafood, construction support, and more. Capped at 66,000 per year, with a 75-90 day filing window. 66,000 / YEAR.
Form I-485
The h-2b process runs the same five steps for every employer.
Obtain a prevailing wage determination and file the DOL labor certification, ETA-9142A for H-2A or ETA-9142B for H-2B, in the strict pre-season windows: 45-75 days before need for H-2A, 75-90 for H-2B.
Run the required U.S.-worker recruitment.
File Form I-129 with USCIS on certification. For capped H-2B dates, the moment filing opens.
Workers process at the consulate (DS-160) and enter for the season.
Extensions track the certified need, and the h2b visa time period tops out at a 3-year maximum before a required departure period.
the H-2A temporary labor certification, filed with DOL for agricultural need.
the H-2B temporary labor certification, filed with DOL for non-agricultural need.
the USCIS petition, filed the moment certification lands.
the consular visa application for workers entering for the season.
Under the h 2b regulations the filing windows are strict: 45-75 days before need for H-2A, 75-90 for H-2B, and capped H-2B petitions race from the moment filing opens. Build the calendar backwards from your date of need.
Almost every dollar here is the employer’s dollar. The fees stack across three agencies: the Department of Labor certification, the USCIS petition, and the consular visa for each worker, which now includes the $250 integrity fee created by the 2025 budget law. And the law is blunt that recruitment and petition costs cannot be shifted onto the crew.
| Item | Amount | Notes |
|---|---|---|
| DOL certification (ETA-9142A/B) | No filing fee | H-2A employers pay $100 plus $10 per certified worker after certification, capped at $1,000; H-2B has no DOL fee |
| USCIS petition, H-2A (Form I-129) | $1,090 named / $530 unnamed | Per petition covering up to 25 named workers, not per worker |
| USCIS petition, H-2B (Form I-129) | $1,080 named / $580 unnamed | Plus the $150 H-2B fraud fee with every petition |
| Asylum Program Fee (every I-129) | $600 | $300 for small employers, $0 for nonprofits |
| Worker visa application (DS-160) | $205 per worker | The H-category consular rate, paid for each worker interviewed |
| Visa integrity fee | $250 per worker | Collected when each visa is issued; adjusts with inflation |
| Premium processing (Form I-907) | $1,780 | Optional 15-business-day decision, H-2B petitions only; H-2A is not eligible |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Certification and petition fees are paid once per filing by the employer; consular fees apply per worker.
The employer carries the program. Charging workers recruitment fees is flatly prohibited, petition and certification costs belong to the business, and H-2A employers also provide housing at no cost and cover inbound and outbound travel once workers complete enough of the contract. Cost-shifting is the fastest way to lose the program.
Often, yes. Workers in valid H-2 status can transfer to a new certified employer, and in some cases they may begin work once the new petition is filed rather than waiting for approval, which can save a season. The rules differ between H-2A and H-2B and they change, so confirm before anyone starts.
You still have moves: supplemental allocations aimed largely at returning workers open in many years, a shifted start date can land in the other half-year allocation, and a handful of niche industries sit outside the cap entirely. The honest answer is to file the moment your window opens and have a backup plan.
They can, in H-4 status: the family may live here and the kids may attend school, but H-4 family members may not work, and each person needs their own visa and fees. Most seasonal crews leave families home, though nothing in the law requires it.
Report it. Employers must notify the government within days when an H-2 worker absconds, finishes early, or never shows up, and that notification duty is a compliance checkpoint audits look for. We build the reporting calendar into the season plan so nothing slips.
The list is reissued each year, and a country falling off does not automatically end your season. USCIS can approve workers from non-listed countries case by case when the employer shows it serves the U.S. interest, though it adds paperwork and lead time. Flag it early and we plan around it.
Every case is different. Tell us your story. The evaluation is free, and our h-2a visa lawyer team tells you exactly which path fits.
