The H-2B visa program allows U.S. employers facing seasonal labor shortages to employ foreign national workers for temporary, non-agricultural jobs when there are not enough domestic workers to meet the demand. It’s commonly used for industries like hospitality, landscaping, seafood processing and construction.
As an employer looking to make use of the H-2B visa program, understanding the requirements and recent developments is crucial to planning ahead. Here’s what you need to know.
How the H-2B visa program works
Employers must first file a temporary labor certification with the Department of Labor (DOL), demonstrating the need for temporary workers and that they have made reasonable efforts to recruit U.S. workers unsuccessfully.
Once certified, the employer files Form I-129 with the U.S. Citizenship and Immigration Services (USCIS) to request approval for H-2B workers. If approved, foreign workers can apply for the H-2B visa at a U.S. consulate in their home country.
Key considerations for 2025
The H-2B visa program has an annual cap of 66,000 visas every year. However, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have made an additional 64,716 H-2B visas available.
The additional visas are divided into specific allocations, with 44,716 visas for returning workers (those who held H-2B status in the previous three years) and 20,000 reserved for nationals of select countries, including Colombia, Costa Rica and Guatemala.
It also helps to stay informed about wage compliance requirements and the expanded worker protection reforms in the pipeline to avoid penalties and ensure ethical business practices. Seeking legal guidance can help you navigate the H-2B visa program complexities, beat the strict deadlines and meet your labor needs.