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Pathway

U.S. Temporary or Seasonal Work Visa

United States Residency
Pathway overview

At a glance

H-2A and H-2B let U.S. employers hire workers from abroad for temporary or seasonal jobs when enough qualified U.S. workers are unavailable. H-2A covers agricultural work; H-2B covers other temporary jobs. The employer must also show that hiring from abroad will not harm the pay or working conditions of comparable U.S. workers.

Work
Temporary or seasonal agricultural or non-agricultural work
Employer approvals
The required labor certification and approved worker petition
Worker checks
Visa and entry eligibility for the approved temporary job

Summary

The U.S. H-2 visas allow approved temporary employment: H-2A covers seasonal or temporary agricultural jobs, while H-2B covers temporary or seasonal work outside agriculture. The employer normally needs labor certification and USCIS petition approval before the visa step.

The employer starts the process by getting labor approval and filing with U.S. Citizenship and Immigration Services (USCIS). Workers should not be charged recruitment or application costs that the rules prohibit.

The employer gets labor and immigration approval first
  1. Check the temporary job category Identify agricultural H-2A or other temporary H-2B work and verify the employer and official job order.
  2. The employer completes labor approval Meet recruitment, pay, and working-condition rules.
  3. The employer gets immigration approval Complete the required petition with the U.S. immigration agency.
  4. The worker completes visa or entry steps After the required employer approval Check the approved petition and agreed job terms.

H-2A and H-2B have different rules about temporary need and annual limits. Workers should not be charged recruitment or employer application costs that the rules prohibit.

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Eligibility

For H-2A or H-2B, the case generally needs:

H-2A work must be agricultural and temporary or seasonal. For H-2B, the employer's need must be for a one-time event, seasonal work, a temporary peak in workload, or occasional work. H-2B is generally subject to an annual legal limit. H-2A has no comparable annual visa cap.

DHS's modernization rule effective January 17, 2025 removed the former general requirement that workers be nationals of countries on an annually designated H-2 list, while adding integrity and worker-protection provisions.

What This Route Allows

H-2 work is tied to a specific employer and temporary job. Eligible workers already in H-2 status may start with a new employer once it properly files a qualifying petition, subject to the requested start date and status rules. Extensions may be possible while the need remains temporary, subject to category limits.

Spouses and unmarried children under 21 may seek H-4 status but are generally not authorized to work. H-2A workers have specific contract, wage, housing, transportation, and cost protections. H-2B workers also have wage, recruitment, disclosure, and anti-retaliation protections.

What This Route Is Not

This is not an open work permit or direct green-card route. An offer from a recruiter is not enough without the employer's certified case and USCIS approval.

The Department of Labor suspended enforcement of provisions added by its separate 2024 H-2A farmworker rule in June 2025 because of court orders and later changes to the rules. That does not remove the pre-existing H-2A protections or the separate DHS H-2 rule.

Applicants abroad must also check current nationality-based visa restrictions and embassy or consulate services.

Next Steps

  1. Verify the employer and job order through official Department of Labor records.
  2. Obtain a written contract in a language the worker understands and review wages, dates, housing, transport, deductions, and reimbursements.
  3. Refuse requests to pay prohibited recruitment, petition, or employer costs and keep receipts and messages.
  4. Confirm the approved petition before attending the visa interview.
  5. Use Department of Labor worker-rights resources or contact the Wage and Hour Division if terms differ from the job order.

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Sources