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H-2B LeadershipCouncil

H-2B Program

How the H-2B program works, in plain language

H-2B is a temporary, seasonal workforce program. It allows an employer with a limited, recurring period of peak demand to hire non-agricultural seasonal workers when enough qualified U.S. workers are not available for that period.

Program Structure

Three agencies, one season

An H-2B season passes through three federal stages. The U.S. Department of Labor reviews the employer's temporary need and the results of required U.S. worker recruitment, and may certify positions. Certification is a finding about the job — not a worker.

With a certification in hand, the employer petitions USCIS. If the petition is approved and cap numbers are available, named or unnamed workers may then apply for a visa through a U.S. consulate, administered by the Department of State.

Because each stage narrows the number, certified positions, approved petitions, and issued visas are three different figures in any given year. The statutory annual cap — and any supplemental release above it — governs how many workers can ultimately enter.

What makes a need seasonal

The work itself must be temporary. Most H-2B employers demonstrate a seasonal need — a peak period tied to weather, a tourist season, a harvest, or a growing season — that recurs each year and then ends. Positions filled year-round are not eligible.

Why the cap matters

The annual statutory cap is split between the two halves of the fiscal year. When filings exceed the numbers available, allocation has been handled by a randomized selection process — which is why two comparable employers can have entirely different seasons. The Council's proposed Certified Seasonal Employer designation is aimed directly at that uncertainty.

Explore

Detail pages for each part of the program