This H-2B visa guide explains the entire program in one place, for seasonal businesses and for private households. It covers who qualifies, how temporary need is proven, every step from the prevailing wage to the visa interview, the cap and the lottery, employer obligations, Notices of Deficiency, extensions and the green card path, and compliance after approval. It reflects the rules and agency practice of the 2026-2027 filing seasons. In addition, it draws on the lessons of the cases we have handled.
Chapters in this guide
- Who qualifies, eligible jobs and countries, and how H-2B compares with other visas.H-2B Visa RequirementsChapter 1Read chapter →
- Seasonal, peakload, intermittent and one-time occurrence, and the evidence each needs.H-2B Temporary NeedChapter 2Read chapter →
- Every step from the prevailing wage to the visa stamp, with a timeline.The H-2B Process Step by StepChapter 3Read chapter →
- The 66,000 cap, the January lottery, the July window and supplemental visas.The H-2B Cap and LotteryChapter 4Read chapter →
- Wages, the three-fourths guarantee, travel and visa costs, and prohibited fees.H-2B Employer ObligationsChapter 5Read chapter →
- Common deficiencies, how to respond in 10 business days, RFEs and BALCA.H-2B Notices of Deficiency, RFEs and DenialsChapter 6Read chapter →
- DS-160, mandatory interviews, 214(b) refusals, contracts and arrival.The H-2B Visa InterviewChapter 7Read chapter →
- Household H-2B: end dates, au pair transitions and household employer setup.H-2B for FamiliesChapter 8Read chapter →
- Changing employers, the three-year limit, the 60-day reset and EB-3.H-2B Extensions and the EB-3 Green CardChapter 9Read chapter →
- Investigations, penalties, debarment and a self-audit checklist.H-2B ComplianceChapter 10Read chapter →
- Every H-2B form and a glossary of agencies and terms.H-2B Forms and GlossaryChapter 11Read chapter →
H-2B at a glance
- What it is: a temporary, non-agricultural work visa under INA 101(a)(15)(H)(ii)(b).
- Who sponsors: U.S. employers with a temporary need, including private households.
- Four types of need: seasonal, peakload, intermittent and one-time occurrence.
- Length: generally one year or less; however, up to three years for a one-time occurrence.
- Annual cap: 66,000 new workers, split into two halves of 33,000.
- Agencies: first DOL certifies, then USCIS approves the petition, and finally the State Department issues the visa.
- Filing window: 75 to 90 days before the date of need, so early January for April 1 starts and early July for October 1 starts.
- Maximum stay: three years in total, followed by 60 days outside the United States.
How to use this H-2B visa guide
This H-2B visa guide is built so you can start with the chapter that matches where you are. Each chapter stands on its own, and it also links to the others.
If you run a seasonal business
Begin with H-2B visa requirements and temporary need. Then read the process and timeline and the cap and lottery chapters before you plan your next season. Once workers arrive, the employer obligations and compliance chapters keep the program safe.
If you are a family hiring a nanny, caregiver or house manager
First, go straight to H-2B for families. It explains the one-time occurrence standard, school-eligibility end dates, au pair transitions and household employer setup. Then read about the visa interview and about extensions and the EB-3 green card if you hope to keep your worker long term.
If you just received a deficiency notice or RFE
Read Notices of Deficiency, RFEs and denials right away, because an H-2B NOD must be answered within 10 business days.
What changed for the 2026-2027 H-2B seasons
- Record January demand. Employers requested roughly 160,000 workers for April 1, 2026 start dates against a 33,000 half-year cap, so DOL’s randomization decided most outcomes.
- A fast-closing October cap. Meanwhile, USCIS set September 4, 2026 as the final receipt date for first-half fiscal 2027 petitions.
- Supplemental visas on new terms. DHS authorized up to 64,716 additional fiscal 2026 visas in February 2026, in tranches with their own conditions.
- Mandatory interviews. In addition, most visa interview waivers ended on September 2, 2025, and applicants generally apply in their country of nationality or residence.
- A modernized rulebook. The DHS rule effective January 17, 2025 added grace periods, permanent portability, a 60-day reset of the three-year limit, stronger fee protections and new denial grounds.
- Tighter adjudication. DOL issued more deficiencies on temporary need and headcount, and USCIS more RFEs on employer verification and maximum stay.
- Higher fees. Finally, H-2B premium processing rose to $1,780 on March 1, 2026.
Why we wrote this guide
Frontera Labor is an immigration law practice focused on H-2B, based in New Haven, Connecticut. Since 2017, we have helped pioneer the use of H-2B for private households, building the legal approach for nannies, caregivers and house managers. In addition, we represent seasonal businesses in hospitality, food service, landscaping, construction and contract services, and we conduct H-2B compliance audits. As a result, this H-2B visa guide draws on our filings, our responses to deficiency notices and requests for evidence, and the BALCA decisions that shape the program. For real examples, read our H-2B case studies.
Planning an H-2B season, or answering a deficiency notice? Talk with Frontera Labor about your business or household.
Frequently asked questions
What is the H-2B visa?
The H-2B visa allows U.S. employers, including private households, to hire foreign workers for temporary, non-agricultural jobs when they can show a temporary need and a lack of available U.S. workers.
How long does the H-2B process take?
Plan on five to seven months from the prevailing wage request to the worker’s arrival, because the labor certification must be filed 75 to 90 days before the start date and the wage determination comes first.
How much does an H-2B visa cost?
Costs include government filing fees, the worker’s visa fee and travel, which the employer reimburses, recruitment costs and attorney fees. Premium processing at USCIS adds $1,780. Therefore, contact us for an estimate tailored to your case.
Can a family sponsor a nanny on an H-2B visa?
Yes. A household can be the H-2B employer, usually under the one-time occurrence standard, with an end date tied to a definable event such as the youngest child’s full-day school eligibility.
Is the H-2B visa a lottery?
Partly. For example, DOL randomizes applications for April 1 start dates filed in the first three days of January. The July window for October 1 start dates is not randomized, but the cap can close quickly.
Official sources: DOL OFLC: H-2B program · 20 CFR Part 655, Subpart A · 8 CFR 214.2 · USCIS: H-2B temporary non-agricultural workers · USCIS: H-2B cap count · DOL FLAG processing times · SeasonalJobs.dol.gov · DOL Wage and Hour Division: H-2B · 29 CFR Part 503 · DOL program debarments · State Department: temporary worker visas
Attorney advertising. This guide is general information as of October 2026, not legal advice for your situation, and it does not create an attorney-client relationship. Immigration rules, fees, processing times and cap figures change often. Prior results do not guarantee a similar outcome.


