The H-2A and H-2B temporary work visa programs offer critical solutions for U.S. employers seeking to address seasonal and temporary labor shortages. Understanding which program fits your business needs—and the requirements—can make the difference in securing a compliant, reliable workforce.
Understanding the Two Programs
H-2A Temporary Agricultural Workers
- For seasonal or temporary agricultural jobs (farms, ranches, nurseries, livestock).
- No annual visa cap.
- Extensive employer responsibilities, including housing and transportation.
- Streamlined application through the DOL’s FLAG system.
- Official USCIS information
H-2B Temporary Non-Agricultural Workers
- For temporary non-agricultural jobs (landscaping, hospitality, construction, seafood).
- Capped at 66,000 visas per year, split in two halves.
- Fewer employer obligations regarding housing and transportation.
- Official USCIS information
H-2A vs H-2B: Comparison Table
| Feature | H-2A (Agricultural) | H-2B (Non-Agricultural) |
|---|---|---|
| Industry Scope | Farming, livestock, nurseries, orchards | Hospitality, landscaping, construction, seafood, tourism |
| Cap on Visas | No cap | 66,000/year + supplemental visas |
| Housing Requirement | Mandatory, free housing meeting DOL standards | Not required |
| Transportation | Inbound/outbound travel + daily work transport provided | Reimbursement after 50% contract completion |
| Wages | Adverse Effect Wage Rate (AEWR) or prevailing wage | Prevailing wage |
| Application Complexity | Streamlined via FLAG system | Highly competitive due to cap |
H-2A Application Process
- 90+ Days Before Need: Assess labor needs; gather documentation.
- 75–60 Days Before Start: File Agricultural Clearance Order (Form ETA-790A) via FLAG.
- Temporary Labor Certification: File Form ETA-9142A showing seasonal need.
- 7-Day Recruitment Period: Recruit U.S. workers.
- Submit recruitment report to DOL.
- File Form I-129 with USCIS: After certification.
- Workers apply for visas at U.S. consulates.
- Workers enter U.S. and begin work.
H-2A Employer Requirements Checklist
- Free housing that meets DOL standards.
- Transportation to/from home country, daily transport to worksites.
- Pay AEWR or prevailing wage.
- Guarantee 75% of contract workdays.
- Provide cooking facilities or meal allowances.
- Workers’ compensation coverage for all H-2A employees.
- Complete U.S. worker recruitment and maintain hiring records.
H-2B Cap, Process, and Requirements
- Cap: 66,000 visas/year, plus supplemental visas authorized for FY 2025.
- Steps: Prevailing wage request → Temporary labor certification → 14-day recruitment → I-129 filing.
- Transportation reimbursement only after 50% of contract completed.
Recent Regulatory Updates (2025)
- Removed country eligibility restriction for H-2A workers.
- Stronger enforcement for labor law violations.
- 64,716 additional H-2B visas announced for 2025.
Conclusion
The H-2A and H-2B programs are essential tools for meeting temporary staffing needs, but each comes with its own compliance obligations. For detailed, up-to-date instructions, always refer to official U.S. government sources:
- USCIS: H-2A Agricultural Workers
- USCIS: H-2B Non-Agricultural Workers
- Department of Labor: FLAG System
- State Department: Temporary Worker Visas
