The H-2A and H-2B visa programs allow U.S. employers to temporarily hire foreign workers when there are not enough available U.S. workers. H-2A covers agricultural workers (no cap), while H-2B covers non-agricultural seasonal workers (subject to a 66,000 annual cap). Both programs are employer-driven — foreign workers cannot self-petition.
This guide covers the differences between H-2A and H-2B, the application process, caps and supplemental numbers, eligible countries, worker rights, and practical steps for both employers and workers.
- H-2A vs H-2B: Key Differences
- H-2B Cap: 66,000 and the Supplemental Visa Numbers
- Eligible Countries for H-2A and H-2B
- H-2A Program: Agricultural Workers in Detail
- H-2B Program: Non-Agricultural Seasonal Workers
- H-2A/H-2B Application Process: Step by Step
- H-2A and H-2B Worker Rights
- H-2 vs Other Work Visas
- Frequently Asked Questions — H-2A & H-2B Visas 2026
H-2A vs H-2B: Key Differences
| Feature | H-2A (Agricultural) | H-2B (Non-Agricultural) |
|---|---|---|
| Industry covered | Agricultural labor (farm work, crops, livestock) | Non-agricultural seasonal/temp work (hospitality, landscaping, seafood, construction) |
| Annual cap | NO CAP — unlimited numbers | 66,000/year (33,000 per half-year) + supplemental |
| Temporary need required? | Yes — seasonal/peak agricultural need | Yes — seasonal, peakload, intermittent, or one-time need |
| Prevailing wage / AEWR? | Must pay higher of AEWR or prevailing wage | Must pay prevailing wage |
| Free housing required? | Yes — employer must provide free housing | No (employer may offer but not required) |
| Transportation paid? | Yes — employer pays inbound/outbound travel | Not required (but common) |
| Max initial stay | 1 year (extendable up to 3 years) | 1 year (extendable up to 3 years) |
| Governing agency | USCIS + DOL (ETA) | USCIS + DOL (ETA) |
H-2B Cap: 66,000 and the Supplemental Visa Numbers
The H-2B program has a statutory cap of 66,000 visas per fiscal year (October 1 – September 30), split into 33,000 per half-year. This cap is reached extremely quickly — often within weeks of the filing period opening — leaving many employers without workers.
To address this shortage, Congress has authorized supplemental H-2B numbers in recent years through the DHS appropriations process. For FY2026:
| Allocation Type | Numbers Available | Who Is Eligible |
|---|---|---|
| Statutory cap (1st half) | 33,000 | All eligible workers |
| Statutory cap (2nd half) | 33,000 | All eligible workers |
| Supplemental (FY2026) | 64,716 additional | Returning workers (prior H-2B holder in FY2023, 2024, or 2025) + all countries for remaining |
| Total FY2026 potential | ~130,716 | Varies |
H-2A has no cap — all qualifying agricultural employers can hire as many H-2A workers as needed, making it significantly more reliable for farm operations.
Eligible Countries for H-2A and H-2B
DHS publishes an annual list of eligible countries whose nationals may participate in H-2A and H-2B programs. Workers from non-designated countries may be approved on a case-by-case basis if the employer petitions for a waiver, but this is uncommon.
Major H-2A/H-2B eligible countries (as of 2026, subject to annual updates):
| Region | Major Eligible Countries |
|---|---|
| Latin America | Mexico, Guatemala, Honduras, El Salvador, Costa Rica, Belize, Dominican Republic, Ecuador, Colombia, Peru, Jamaica |
| Europe | Romania, Bulgaria, Ukraine, Moldova, Albania, North Macedonia, Serbia, Poland, Lithuania |
| Asia-Pacific | Philippines, Thailand, Indonesia, South Africa, Fiji |
| NOT eligible | China, India, and most Middle Eastern countries are generally not on the H-2 eligible list |
H-2A Program: Agricultural Workers in Detail
What Jobs Qualify for H-2A?
H-2A covers a broad range of agricultural activities:
- Crop production (planting, cultivating, harvesting fruits, vegetables, grains)
- Livestock and dairy operations
- Poultry processing (with some restrictions)
- Forestry activities (tree planting, reforestation)
- Aquaculture (fish farming)
- Nursery and greenhouse operations
H-2A Wage Requirements
H-2A employers must pay the Adverse Effect Wage Rate (AEWR) — or the prevailing wage if higher — to both H-2A workers and any U.S. workers in corresponding employment. The AEWR is set annually by DOL on a state-by-state basis and is generally higher than minimum wage. In 2026, AEWR rates ranged from approximately $14–$22/hour depending on the state.
H-2A Housing and Transportation Requirements
Unlike most guest worker programs, H-2A places significant obligations on employers:
- Free housing: Must meet applicable federal or state safety and health standards
- Inbound travel: Employer pays transportation from home country once the worker completes 50% of the contract period
- Outbound travel: Employer pays return transportation if worker completes the full contract or is terminated early by employer
- Three-fourths guarantee: Workers must be offered at least 75% of the total workdays specified in the contract
H-2B Program: Non-Agricultural Seasonal Workers
What Jobs Qualify for H-2B?
The job must meet one of four types of “temporary need”:
- Seasonal: Work tied to a particular season (ski resorts in winter, beach resorts in summer, Christmas tree sales)
- Peakload: Employer regularly employs permanent workers but needs temporary workers during a peak period
- Intermittent: Employer doesn’t regularly need workers but periodically needs temporary help
- One-time occurrence: Unusual, non-recurring event requiring temporary workers
Common H-2B industries: landscaping, groundskeeping, forestry, hospitality/hotels, restaurants (cooks and servers), amusement parks, seafood processing, tour guides, ski instructors.
H-2B Cap Lottery
Because demand vastly exceeds the 66,000 cap, USCIS conducts a random selection (lottery) when petitions filed on the first day of the filing period exceed the cap. Employers selected in the lottery proceed; those not selected must reapply the following period. Returning workers (worked H-2B in prior 3 years) have a dedicated set-aside in supplemental allocations.
H-2A/H-2B Application Process: Step by Step
- Employer Files Job Order with SWA — The employer must first file a job order with the State Workforce Agency (SWA) at least 60 days (H-2A) or 75 days (H-2B) before the work start date. This starts the domestic recruitment process to verify no qualified U.S. workers are available.
- File H-2A/H-2B Application with DOL (ETA-9142) — For H-2A: file Form ETA-9142A at least 45 days before need date. For H-2B: file ETA-9142B at least 60–75 days before need date. DOL must certify the labor condition before USCIS petition.
- Receive Temporary Labor Certification (TLC) from DOL — DOL reviews the application and certifies (or denies) the employer’s need. DOL H-2A processing: 7 business days for NOF; final certification ~30 days. H-2B: 30–60 days. The TLC is the foundation for the USCIS petition.
- File I-129 Petition with USCIS — The employer files Form I-129 (Petition for Nonimmigrant Worker) with the H-2A or H-2B supplement and the DOL certification. Premium processing is available for H-2B ($2,805, 15-day processing). H-2A petitions cannot use premium processing.
- Workers Apply for Visa at U.S. Embassy/Consulate — After I-129 approval, named workers apply for the H-2A or H-2B visa stamp at their nearest U.S. embassy or consulate using the DS-160 form and paying the $185 MRV fee. They attend a visa interview and if approved, receive the visa stamp.
- Workers Enter the U.S. — Workers travel to the U.S. and present their visa at the port of entry. CBP admits them and issues an I-94 for the period of authorized employment. Workers must not begin work before the employment start date.
- Complete Employment and Depart — Workers must depart when their authorized period ends or when employment terminates. Employers must report H-2 worker abandonment or early termination to USCIS. Extensions are possible if the employer petitions again with a new TLC.
H-2A and H-2B Worker Rights
H-2 workers have significant protections under U.S. law, and employers who violate them face debarment from the program:
| Right / Protection | H-2A | H-2B |
|---|---|---|
| Prevailing/AEWR wage | ✅ AEWR or prevailing, whichever is higher | ✅ Prevailing wage |
| Free housing | ✅ Required | ❌ Not required |
| Transportation reimbursement | ✅ Yes (after 50% contract) | Partial (some DOL rules apply) |
| 3/4 guarantee | ✅ 75% of work hours guaranteed | ❌ Not required |
| Right to organize | ✅ Yes | ✅ Yes |
| Anti-retaliation protection | ✅ Yes | ✅ Yes |
H-2 vs Other Work Visas
| Visa | Best For | Cap | Employer Required? |
|---|---|---|---|
| H-2A | Agricultural seasonal workers | None | Yes |
| H-2B | Non-ag seasonal workers (hospitality, landscaping) | 66,000/yr | Yes |
| H-1B | Specialty occupation professionals (degree required) | 85,000/yr | Yes |
| TN | Canadian/Mexican professionals (USMCA occupations) | None | Yes |
| O-1 | Extraordinary ability workers | None | Usually |
| L-1 | Intracompany transferees (managers/specialists) | None | Yes (same co.) |
Frequently Asked Questions — H-2A & H-2B Visas 2026
Can an H-2B worker change employers?
H-2B workers are tied to their specific petitioning employer — they cannot simply transfer to a new employer like H-1B workers can under portability rules. If an H-2B worker wants to change employers, the new employer must file a completely new I-129 petition with a new DOL certification. This typically means restarting the entire process. Workers who leave their employer before the petition period ends must either find a new employer to sponsor them or depart the U.S.
Can H-2 workers apply for a green card?
The H-2 programs are explicitly temporary — the visa requires the worker to depart at the end of the authorized period. However, there is no legal bar preventing an H-2 worker from being sponsored for an immigrant visa (green card) by an employer through the standard EB-3 or other employment-based process. The practical challenge is the H-2 program’s temporary nature and the long EB-3 process timelines. H-2A workers seeking permanent residence typically need a separate employer to sponsor an EB-3 petition.
What is the H-2B returning worker exemption?
When Congress authorizes supplemental H-2B numbers, a portion is typically reserved for “returning workers” — people who held H-2B status in the prior three fiscal years. Returning workers are not subject to the lottery when separate returning worker allocations are available, making them more likely to receive visas even in oversubscribed years. Employers should prioritize returning workers in their petitions to take advantage of this benefit.
How long can a worker stay on H-2A or H-2B?
The initial H-2A or H-2B period can be up to 1 year (or the period of need, whichever is shorter). Extensions are possible in 1-year increments, for a maximum of 3 consecutive years total. After reaching the 3-year maximum, the worker must depart the U.S. and remain outside for at least 3 months before a new H-2 petition can be approved. Time spent outside the U.S. does not count toward the 3-year limit.
What happens if the H-2B cap is reached before my petition is filed?
If the statutory cap is reached, USCIS stops accepting new H-2B petitions for the remainder of that half-year period. Employers in this situation can: (1) Wait for the next half-year period to open; (2) Check if supplemental visa numbers have been released; (3) Explore whether their workers qualify as returning workers for any dedicated set-aside numbers; or (4) Consider alternative worker programs. Filing as early as possible each period is critical to avoid cap exhaustion.
