Who this is for
- Workers recruited by a U.S. employer or agent for a temporary job, not a permanent one
- H-2A: agricultural jobs of a seasonal or temporary nature, such as planting, harvesting or livestock work
- H-2B: non-agricultural jobs based on a one-time, seasonal, peak-load or intermittent need
- Employers who show there are not enough able, willing and qualified U.S. workers for the job
- Workers who are generally nationals of countries on a list designated by DHS each year (limited exceptions may apply)
Forms involved
| Form | Official name | What it does |
|---|---|---|
| ETA-9142A / ETA-9142B | H-2A or H-2B Application for Temporary Employment Certification | Filed by the employer with the Department of Labor, together with a job order, to get a temporary labor certification. |
| I-129 | Petition for a Nonimmigrant Worker | Filed by the employer with USCIS after the labor certification is approved; it can cover named or unnamed workers. |
| DS-160 | Online Nonimmigrant Visa Application | The visa application each worker completes before the consular interview. |
| I-539 | Application to Extend/Change Nonimmigrant Status | Used by H-4 family members already in the U.S. to extend or change their own status. |
Step by step
- Employer prepares the job orderThe employer describes the job, wages, housing (for H-2A) and dates, and starts the required recruitment of U.S. workers.
- Get the temporary labor certificationThe employer files with the Department of Labor, which checks that U.S. workers are not available and that wages and conditions meet the rules.
- File Form I-129 with USCISWith the approved certification, the employer petitions USCIS. For H-2B, the petition must also fit within the available cap numbers.
- Workers apply for visasOnce the petition is approved, workers complete the DS-160 and attend consular interviews in their home country.
- Enter and work for the seasonWorkers enter the U.S. and work for the approved employer and dates. The employer must follow wage, transport and, for H-2A, housing rules.
- Extend or departIf the need continues, the employer can usually request an extension within the program's overall limits; otherwise workers return home at the end of the job.
Documents usually requested
- Approved temporary labor certification from the Department of Labor
- Job order with dates, duties, pay and working conditions
- Evidence of the temporary or seasonal nature of the employer's need
- Recruitment records showing efforts to hire U.S. workers
- Worker's valid passport
- Proof of any experience or skills the job requires
- DS-160 confirmation page for each worker
- For H-2A: housing and transportation details
How long it takes
Timing depends on Department of Labor review of the labor certification, USCIS review of the I-129, and consular appointment availability during busy seasons. H-2B timing also depends on when cap numbers open; see the USCIS processing times page.
Government filing fees
Form I-129 carries a USCIS filing fee that depends on the classification and whether workers are named, and H-2B employers may owe an additional fraud fee; workers pay a State Department visa fee that employers often must reimburse. Fees change, so check the USCIS fee schedule (G-1055).
Working and traveling while you wait
H-2A and H-2B workers may work only for the petitioning employer, in the approved job and dates. H-4 spouses and children can come with the worker but generally cannot work.
Common mistakes to avoid
- Paying a recruiter or agent a recruitment fee, which is generally prohibited and can lead to denial or revocation
- A job that is really year-round being described as seasonal or temporary
- Filing the H-2B petition before checking whether cap numbers are still available
- Hiring workers from a country not on the eligible list without addressing that issue
- Not meeting wage, housing or transportation obligations promised in the job order
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
What is the difference between H-2A and H-2B?
H-2A is for temporary or seasonal agricultural work, while H-2B is for temporary non-agricultural work. Both use a Department of Labor certification and Form I-129, but only H-2B is subject to an annual numerical cap.
Is there a cap on H-2B visas?
Yes. Congress sets an annual H-2B cap split between the two halves of the fiscal year, and it is often reached early. In some years DHS releases supplemental visas, which have sometimes been limited to returning workers or certain countries; check the USCIS H-2B pages for the current year's rules.
Which countries can participate in H-2A and H-2B?
DHS publishes a list of eligible countries each year in the Federal Register. Workers from other countries may be approved only in limited cases where USCIS finds it is in the U.S. interest. Check the USCIS H-2A and H-2B pages for the current list.
Do workers have to pay recruitment fees?
No, workers generally should not be charged recruitment or placement fees. USCIS can deny or revoke petitions when employers or their agents collect prohibited fees from workers.
Can my family come with me on an H-2 visa?
Usually, yes. A spouse and unmarried children under 21 can apply for H-4 status, but they generally cannot work in the U.S.
Can I switch employers on an H-2A or H-2B visa?
A new employer generally needs its own labor certification and approved petition. In some situations the worker may start with the new employer once the new petition is filed, and an attorney can confirm what applies.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.