H-2A vs H-2B Visa: Agricultural & Seasonal Worker Guide

If you’re looking at temporary work in the United States outside the specialty occupation route covered by the H-1B, you’re likely dealing with either the H-2A or H-2B visa. Both programs let US employers hire foreign workers for jobs that are genuinely temporary or seasonal, but they apply to very different kinds of work, and confusing the two can send an application down the wrong path entirely.

This guide explains what separates H-2A from H-2B, who qualifies for each, the wage and housing rules, current caps and fees, and the full application process for both employers and workers. Readers exploring temporary work options more broadly may also want to compare this to a Canada work visa, which uses a different structure for seasonal and temporary foreign labor.

H-2A vs. H-2B: What’s the Difference?

The simplest way to think about it: H-2A is for farm work, H-2B is for almost everything else that’s seasonal.

H-2A: Temporary Agricultural Workers

The H-2A visa covers agricultural labor and services, including crop planting, cultivating, and harvesting, livestock and dairy work, herding, and related on-farm activities. It’s the primary legal channel for seasonal farm labor in the US, and unlike most other work visa categories, it has no annual numerical cap. Employers can sponsor as many H-2A workers as they can demonstrate a genuine need for.

H-2B: Temporary Non-Agricultural Workers

The H-2B visa covers non-agricultural work tied to a temporary, seasonal, peak-load, intermittent, or one-time need. Common H-2B industries include landscaping (the single largest H-2B employer category), hotels and hospitality, seafood processing, construction, and forestry. Unlike H-2A, the H-2B program is subject to a statutory annual cap.

H-2A and H-2B Eligibility Requirements

Both categories are employer-driven, meaning workers cannot self-petition. The employer must file on the worker’s behalf and prove specific conditions are met.

Employer Requirements

For either visa, the sponsoring employer generally must:

• Demonstrate that the position is genuinely temporary or seasonal
• Show that there aren’t enough US workers willing, able, and qualified to fill the role
• Prove that hiring foreign workers won’t adversely affect the wages and working conditions of similarly employed US workers
• Obtain a temporary labor certification from the Department of Labor before filing a petition with USCIS
• Pay the required wage rate and comply with program-specific housing and transportation obligations

Worker Requirements

Prospective H-2A or H-2B workers generally need to:

• Have a genuine job offer from a US employer participating in the program
• Come from a DHS-designated eligible country, in most cases, though workers from non-designated countries can occasionally be approved through an employer waiver
• Intend to return home once the temporary work period ends
• Meet any job-specific qualifications required for the role

It’s worth noting that neither visa is appropriate for short business trips or tourism. If you’re only visiting the US briefly without taking up employment, a B-1/B2 visa is the correct category instead.

Wages, Housing, and Worker Protections

Both programs come with specific worker protections that employers are legally required to follow.

H-2A Wage and Housing Rules

H-2A employers must pay workers the Adverse Effect Wage Rate (AEWR) or the applicable prevailing wage, whichever is higher. The AEWR is set annually by the Department of Labor and varies by state. Employers must also:

• Provide free housing, or a housing allowance, to all H-2A workers
• Pay for or reimburse transportation costs to and from the worker’s home country
• Guarantee employment for at least three-quarters of the contract period

H-2B Wage and Cost Rules

H-2B employers must pay the prevailing wage for the occupation and location, as determined by the Department of Labor. Employers are also required to:

• Reimburse visa, border-crossing, and recruitment costs that would otherwise reduce a worker’s net pay below the prevailing wage during the first workweek
• Maintain accurate records of hours worked, wages paid, and any deductions
• Provide housing only where it’s been advertised as part of the recruitment process, rather than as a blanket requirement

In both programs, employers are legally prohibited from passing recruitment, filing, or placement fees on to workers. Legitimate H-2A or H-2B job offers never require the worker to pay for their own visa sponsorship, and workers who believe their rights have been violated can file a complaint with the Department of Labor’s Wage and Hour Division.

H-2B Annual Cap and Timing

The H-2B program is capped by statute at 66,000 visas per fiscal year, split into two halves: 33,000 for the first half of the fiscal year (October through March) and 33,000 for the second half (April through September). Because demand consistently exceeds the cap, especially for the peak summer season, the Department of Labor’s Office of Foreign Labor Certification uses a randomized lottery to determine processing order when applications filed in the initial filing window exceed the available slots.

In some fiscal years, DHS and DOL have authorized a supplemental increase to the statutory H-2B cap through time-limited authority, adding tens of thousands of additional visas on top of the base 66,000. These supplemental allocations vary year to year and are not guaranteed, so employers planning around H-2B labor should confirm the current fiscal year’s cap status directly with USCIS before finalizing staffing plans.

The H-2A program has no equivalent cap, which is one of the main reasons agricultural employers rely on it so heavily. There’s no lottery and no risk of the visa numbers running out mid-season.

How to Apply for an H-2A or H-2B Visa: Step-by-Step

1. Employer files for a temporary labor certification with the Department of Labor, demonstrating the temporary need and the unavailability of US workers.
2. Employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, using the current edition of the form and including the required supporting documents.
3. USCIS adjudicates the petition. Premium processing is available for an additional fee, offering a faster decision timeline for employers facing tight seasonal deadlines.
4. Worker applies for the visa, if applying from outside the US. This generally involves completing Form DS-160, paying the visa application fee, and attending an interview at a US embassy or consulate.
5. Worker travels to the US. H-2A and H-2B workers may generally enter the country a short window before their authorized employment start date.
6. Worker begins employment under the terms specified in the approved petition, including the agreed wage, housing, and job duties.

H-2A and H-2B Visa Fees

Because filing fees and program rules are updated periodically by USCIS and the Department of Labor, it’s worth confirming current amounts directly on uscis.gov and dol.gov before filing, rather than relying on a fixed figure that may change between fiscal years.

How Long Can You Stay on an H-2A or H-2B Visa?

Both categories are strictly temporary. Workers can generally remain in H-2A or H-2B status for up to three years total, though most individual contracts cover a single growing season or peak business period rather than the full three years. After reaching the maximum period, workers generally must leave the US for a required period, often around 60 days, before returning on another H-2A or H-2B petition.

Neither program offers a direct pathway to a green card. That said, returning workers are often highly valued by employers, since they’re already familiar with the job and require less onboarding, and program experience can sometimes support eligibility for other immigration pathways down the road.

Benefits of the H-2A and H-2B Programs

For workers and employers alike, these programs offer real, practical value:

• A legal pathway to seasonal US employment, without needing to compete in a lottery system, in the case of H-2A
• Guaranteed wage protections, since employers must pay at least the AEWR or prevailing wage, whichever is higher
• Employer-paid housing and transportation in many H-2A positions, and reimbursement protections for H-2B workers
• No employer-imposed recruitment fees, since legitimate programs prohibit charging workers for sponsorship
• A reliable seasonal labor solution for employers, particularly in agriculture, hospitality, landscaping, and seafood processing, where labor shortages are common

If your work situation doesn’t fit a seasonal or temporary need, but instead involves a specialty occupation requiring a bachelor’s degree, it’s worth reviewing the H-1B visa instead, since the eligibility criteria and application timeline are entirely different.

Frequently Asked Questions (FAQs)

What’s the main difference between H-2A and H-2B visas?

H-2A covers agricultural work, such as crop harvesting and livestock care, and has no annual cap. H-2B covers non-agricultural seasonal or temporary work, such as landscaping and hospitality, and is subject to a statutory cap of 66,000 visas per fiscal year.

Is there a cap on H-2A visas?

No. Unlike H-2B, the H-2A program has no annual numerical limit. Agricultural employers can sponsor as many workers as they can demonstrate a genuine, documented need for, provided all program requirements are met.

How much does an H-2A or H-2B worker get paid?

Employers must pay at least the Adverse Effect Wage Rate (AEWR) or the applicable prevailing wage, whichever is higher, for H-2A positions, and the prevailing wage for the occupation and location for H-2B positions. Exact rates vary by state and job category and are set annually by the Department of Labor.

Do H-2A or H-2B workers have to pay recruitment fees?

No. Employers are legally prohibited from passing recruitment, filing, or placement fees on to workers. A legitimate H-2A or H-2B job offer never asks the worker to pay for their own visa sponsorship, and any recruiter demanding such fees should be treated as a red flag.

How long can someone stay in the US on an H-2A or H-2B visa?

Workers can generally remain in status for up to three years total, though most contracts run for a single season rather than the full period. After reaching the maximum, workers typically must leave the US for a set period, often around 60 days, before being eligible for another H-2A or H-2B petition.

Can H-2A or H-2B lead to a green card?

Not directly. Neither program offers a built-in pathway to permanent residency. However, the work experience gained can sometimes support eligibility for other immigration routes, and returning workers are often prioritized by employers for future seasonal contracts.

Which countries are eligible for H-2A and H-2B visas?

DHS publishes an annual list of countries whose nationals are eligible to participate in the H-2A and H-2B programs. Workers from countries not on this list can occasionally be approved through an employer-sponsored waiver, though this is less common. It’s best to check the current list directly with USCIS, since it’s reviewed and updated periodically.

What happens if the H-2B cap is reached before I can apply?

Once the H-2B statutory cap is reached for a given filing period, USCIS stops accepting new cap-subject petitions for that half of the fiscal year. In some years, DHS has authorized supplemental visas beyond the base cap, but this isn’t guaranteed each year, so employers should have a backup staffing plan and confirm current cap status before relying solely on H-2B labor.

This article is intended for general informational purposes only. H-2A and H-2B eligibility rules, wage rates, caps, and fees are updated periodically by USCIS and the Department of Labor, so always verify the latest details on the official uscis.gov and dol.gov websites before applying.