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GUIDE | Updated April 2026

The H-2 Visas Explained:
Everything You Need to Know

For employers in agriculture, hospitality, landscaping, construction and other seasonal industries, securing a dependable workforce is essential to meeting demand. The H‑2 visa category provides a critical pathway to hire foreign workers for short‑term agricultural and non‑agricultural roles when the U.S. labor market can’t fill critical needs. Here’s everything you need to know.

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What is the H-2 Visa Program? 

The H‑2 visa programs allow U.S. employers to hire foreign workers for temporary, seasonal or peak‑load roles when they cannot find enough U.S. workers. The category includes two distinct pathways: H‑2A for agricultural jobs and H‑2B for non‑agricultural jobs. 

  • H‑2A visas support temporary or seasonal agricultural work, including labor and services tied to planting, harvesting and other time‑bound agricultural needs. 
  • H‑2B visas cover temporary non‑agricultural roles in industries such as hospitality, landscaping, construction, seafood processing and other sectors with seasonal or peak‑season demand. 

How to Stay Current on H‑2 Visa Developments

Immigration policy can shift quickly, and staying ahead of those changes is essential for employers who rely on global talent. 

Envoy Global delivers timely updates on immigration policy developments across the U.S. and around the world, offering worldwide coverage and deep in‑country expertise—as well as highly connected, coordinated and responsive support—to help you and your employees successfully navigate the complexities of global immigration. 

Stay updated on H‑2 program changes — visit our Immigration News & Alerts. 

Read the latest immigration news alerts.

Overview of the H-2A Visa  

The H-2A visa is specific to the agricultural sector. With an H-2A visa, an employer can temporarily hire qualified workers to enter the U.S. to work in the agricultural industry. Seasonal farm workers and animal caretakers are a few examples of how employers may use H-2A visas.  

H-2A Visa Eligibility and Requirements 

Both H‑2A employers and H‑2A employees must meet specific eligibility requirements under the program. 

H-2A Employer Requirements 

To hire foreign nationals through the H‑2A visa program, employers must: 

  • Show they have a temporary or seasonal need for agricultural labor. 
  • Demonstrate that no sufficient U.S. workers are willing, able and qualified to perform the job. 
  • Prove that hiring H‑2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. 

H-2A Employee Requirements  

To qualify for an H-2A visa, petitioners must:  

  • Be able to perform the agricultural work offered by the employer. 
  • Intend to return home when the authorized period of stay ends. 
  • Meet any job‑specific requirements listed in the employer’s job order (such as experience, lifting ability or equipment operation skills). 

Petitioners in the H-2A program should submit a valid temporary labor certification from the U.S. Department of Labor (DOL) with their H-2A petition to USCIS.

What are the benefits of the H-2A Visa?  

The H‑2A program is not subject to an annual numerical cap, which is one of its most practical benefits for employers.  

Unlike the H‑1B or H‑2B programs, where demand routinely exceeds supply, H‑2A visas can be issued in whatever volume is needed if employers meet all program requirements, including obtaining a valid Temporary Labor Certification from DOL. 

Overview of the H-2B Visa  

The H‑2B visa program enables U.S. employers to hire nonimmigrant foreign nationals to the U.S. for temporary, non‑agricultural labor. Many seasonal and short‑term jobs in industries like hospitality, landscaping and recreation rely on H‑2B workers each year. 

Common industries that use the H‑2B program include: 

  • Amusement and recreation 
  • Construction 
  • Restaurants and hospitality 
  • Landscaping 
  • Forestry 

Understanding the Four H‑2B Temporary Need Categories

H‑2B jobs must be temporary, but that temporary need can fall into one of four categories: seasonal, intermittent, peak‑load or one‑time occurrence. 

Read more about the four categories.

H‑2B Cap and Lottery Overview 

The H‑2B program is subject to an annual statutory cap of 66,000 visas. When demand exceeds available numbers, USCIS conducts a random selection process to determine which petitions will move forward. 

How the Cap Is Allocated 

  • 33,000 visas are available for workers beginning employment Oct. 1–March 31. 
  • 33,000 visas are available for workers beginning employment April 1–Sept. 30. 
  • Unused first‑half numbers roll over to the second half of the fiscal year. 

Who Is Subject to the Cap 

  • First‑time H‑2B workers who have not been counted in the same fiscal year. 

Who Is Cap Exempt 

  • Workers extending their H‑2B stay. 
  • Workers changing employers or amending the terms of employment. 
  • Workers who were already counted toward the cap in the same fiscal year, if named on the petition. 
  • H‑4 dependents (spouses and unmarried children under 21). 

H-2B Visa Eligibility and Requirements 

Both H‑2B employers and H‑2B employees must meet specific eligibility requirements under the program. 

H-2B Employer Requirements

Under the H‑2B visa program, employers must prove that their need for workers is temporary. USCIS defines temporary need using four categories: one‑time occurrence, seasonal, peak‑load and intermittent.

What are the Four H‑2B Temporary Need Categories?

One-time Occurrence


The employer has an employment situation that is not otherwise permanent, but a temporary event of short duration has created a need for temporary workers.

The work may also be considered temporary and a one-time occurrence if the petitioner has not employed workers for the service or labor in the past and will not need workers for the service or labor in the future.   

Examples of a one-time occurrence include: 

  • An employer with a one-time need for a caretaker for an elderly family member.  
  • A construction company is refurbishing a church and needs a stained-glass expert on a one-time basis to complete a project. 

Seasonal Need

USCIS considers work temporary when the employer demonstrates a seasonal need. In this case, the work is tied to a particular season by a pattern or event and is recurring in nature.

Employers cannot claim seasonal work in the U.S. outside of the season the employee plans to work.   

Another limitation to seasonal work in the U.S. is that employers cannot claim seasonal work if the work is subject to change, unpredictable or considered vacation time for permanent employees.   

A seasonal need may not be limited to the traditional four seasons (winter, spring, summer and fall).  It could include legal “seasons” (such as fishing season) and “events” (such as the Christmas shopping season).   

Peak Load

Petitioners claiming a peak load need to show that they regularly employ permanent workers to perform the service or labor at their place of employment.  

They must demonstrate a need to temporarily supplement permanent staff at a worksite due to a higher-volume seasonal or temporary demand.  

They must also show that temporary additions to their staff will not become part of the employer’s regular operation.  

Intermittent Need

Petitioners can also show an intermittent need for employment.  

An intermittent need means that the employer has not hired permanent or full-time employees to perform the labor or services and needs temporary workers intermittently or temporarily to perform labor or services for short periods.   

An example of an intermittent need includes:  

  • A company that produces limited edition products to commemorate a special event, but only occasionally and not on a fixed schedule.   

H-2B Employee Requirements 

To be eligible for an H-2B visa, petitioners must show that:   

  • There are not enough U.S. workers who are able, willing, qualified and available to do the temporary work  
  • Employing workers on an H-2B visa will not affect the wages and working conditions of U.S. workers in a similar occupation  
  • The employer’s job opportunity must be temporary, full-time and non-agricultural 

Validity Period of the H-2 Visas

What is the validity period for the H-2A visa?

H-2A visas have a maximum validity of three years. They can be extended in increments of up to one year for a total of three years.  

What is the validity period for the H-2B visa?

H-2B visas have a maximum duration of three years. H-2B classification is eligible for extensions in one-year increments for up to three years.   

Dependents of H-2 Visa Holders

Can you bring your dependents on H-2A Visa?

H-2A workers may bring their spouses and unmarried children under the age of 21. Those dependents may seek admission through the H-4 nonimmigrant classification.  

Although they may accompany the primary H-2A visa holder, dependents may not work with an H-4 status.  

Can you bring your dependents on H-2B Visa?

Dependents are permitted to accompany the H-2B visa holder. Spouses and children under age 21 may enter the U.S. with the primary H-2B visa holder with an H-4 classification.   

Although they may enter the U.S. with the primary H-2B visa holder, dependents are not permitted to work in the U.S. on H-4 status. 

About Envoy Global

We understand that your ability to attract and retain global talent is a business imperative. You need the right talent in the right roles, and you need a partner who can help get you there.

We provide comprehensive corporate immigration services in the U.S. as well as 180+ countries worldwide. Our deep immigration expertise, highly connected, coordinated and responsive support and proprietary technology help organizations and their employees successfully navigate the complexities of global immigration.

Reach out today to learn how Envoy Global can support your company’s immigration needs.

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