What is an H-2B visa and how many are available each year?
TL;DR: The H-2B visa lets US employers fill temporary, non-agricultural jobs — landscaping, hospitality, seafood processing, construction, forestry — with foreign workers when they can't find enough US workers. Congress caps it at 66,000 visas per fiscal year, split 33,000 for the October-March half and 33,000 for the April-September half. For FY2026, DHS authorized up to 64,716 supplemental visas on top of that statutory cap, nearly doubling total availability.
The claim
The H-2B cap is smaller and harder than most people assume, and it fills within days of each half-year lottery opening.
The evidence
USCIS confirms the statutory cap is 66,000 per fiscal year: 33,000 for workers starting between October 1 and March 31, and 33,000 for workers starting between April 1 and September 30 (uscis.gov/working-in-the-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-for-h-2b-nonimmigrants). Because demand routinely exceeds supply, DHS has issued supplemental visa rules in most recent years. For FY2026, DHS increased the cap by up to 64,716 additional visas, reserved for returning workers and workers from certain countries.
Before an employer can even register for the H-2B cap, they must get an approved Temporary Labor Certification (TLC) from the Department of Labor, proving that hiring foreign workers won't hurt wages or working conditions for US workers in that occupation and area.
H-2B vs H-2A vs H-1B
| Feature | H-2B | H-2A | H-1B |
|---|---|---|---|
| Work type | Temporary non-agricultural | Agricultural only | Specialty occupation (degree required) |
| Annual cap | 66,000 (+ supplemental visas some years) | No cap | 85,000 (65,000 + 20,000 master's) |
| Labor certification required | Yes (DOL) | Yes (DOL) | No (LCA attestation only) |
| Max continuous stay | 3 years | Tied to certification, renewable | 6 years (extensions possible) |
| Selection method | First-come registration, not a lottery | First-come, no cap | Random lottery |
Step-by-step: how an employer gets H-2B workers
- Employer files ETA Form 9142B with the Department of Labor for a Temporary Labor Certification, including proof of recruitment efforts for US workers.
- DOL approves the labor certification (typically takes several weeks after the recruitment period closes).
- Employer files Form I-129 with USCIS during the correct cap season, citing the approved TLC.
- USCIS counts the petition against whichever half-year cap applies to the requested start date.
- If the petition is approved and the worker is abroad, they attend a US visa interview and get an H-2B visa stamp before traveling.
- Worker enters the US and can stay for the certified period, up to 3 years total before required to leave for at least 3 months.
FAQ
Is the H-2B cap a lottery like H-1B? No. USCIS accepts H-2B petitions on a first-come, first-served basis for each half-year cap, not a random selection. Once a cap season fills, USCIS stops accepting new cap-subject petitions until the next half-year opens.
Do returning workers count against the cap? Some FY2026 supplemental visas are reserved specifically for returning workers who held H-2B status in one of the prior three fiscal years, which can offer a faster path than the general cap pool.
What industries use H-2B workers most? Landscaping, forestry, seafood/meat processing, hospitality and amusement parks, and construction are the largest H-2B users, based on USCIS and DOL certification data.
Can my employer sponsor me for H-2B without a labor certification? No. A DOL-approved Temporary Labor Certification is a hard prerequisite before USCIS will accept an H-2B petition.
How long can I stay on H-2B status total? The maximum period of stay is 3 years, after which you generally must remain outside the US for an uninterrupted period of 3 months before another H-2B petition can be filed for you.
See also: /answers/tn-visa-requirements-usmca and /answers/l1-visa-annual-cap-lottery for other cap-based US work visas.
By Pinal Dave Last updated: 2026-07-30