H-2B visa applications for FY 2026 now open. Learn key deadlines, eligibility, and filing rules for U.S. employers hiring temporary non-agricultural workers

U.S. employers seeking to hire foreign seasonal or temporary non-agricultural workers can now apply for H-2B visas for jobs starting on October 1, 2025. The initial filing window for the first half of Fiscal Year 2026 is officially open from July 3 to July 5, 2025.

Here’s a full breakdown of application rules, deadlines, and key requirements under the H-2B visa program.

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What Is the H-2B Visa?

The H-2B visa is a temporary work visa that allows U.S. employers to hire foreign nationals for non-agricultural positions when qualified American workers are unavailable. It’s especially valuable for industries that rely on seasonal or peak-load labor, such as:

- Hospitality

- Landscaping

- Construction

- Tourism

Who Can Use the H-2B Visa?

The program is designed for U.S. employers with temporary labor needs and foreign nationals willing to fill non-agricultural jobs.

To qualify:

- The position must be temporary in nature.

- The employer must prove a lack of available U.S. workers.

- The job must fall outside the agricultural sector.

Application Process: Step-by-Step

1. File Within the Designated Window

Applications must be submitted to USCIS strictly between July 3 and July 5, 2025, for an October 1 start date.

2. Randomized Selection

Once the filing window closes, the Office of Foreign Labor Certification (OFLC) will randomly order submitted applications for review to ensure a fair process.

3. One Application per Job Opportunity

Employers must submit only one application per job role to avoid delays or disqualification.

4. Required Documentation

Submit a completed Form ETA-9142B and supporting documents. All forms must comply with regulatory requirements.

Annual Visa Cap and Recent Expansion

Annual H-2B Cap: 66,000 visas

- 33,000 allocated for October–March

- 33,000 for April–September

Supplemental visas:

In FY 2025, the Department of Homeland Security (DHS) and the Department of Labor (DOL) authorized 64,716 additional visas to address labor shortages.

Maximum duration of stay:

 Up to three years. Workers must then leave the U.S. for at least three months before reapplying.

Where and How to Apply

Submit applications through the National Processing Center (NPC) designated by the OFLC.

Employers must be registered under the H-2B program.

Ensure all applications are timely and comply with all legal guidelines.

Quick Tips for Employers

- Don’t file early – your application will be denied.

- Double-check all forms before submission to avoid rejection.

- Monitor the visa cap – demand often exceeds availability.

- Consider legal assistance to navigate compliance and avoid delays.

The H-2B visa program remains a crucial pathway for U.S. employers with short-term staffing needs, particularly in seasonal industries. But navigating it requires strict attention to timing and documentation.

 If you’re considering hiring through this program, act quickly, follow all filing rules, and consult official U.S. Department of Labor resources or legal experts when needed.

H-2B visa processing is not just about filing dates. Every mistake in the documents, missed deadline, or misinterpretation of the requirements can cost the employer time, money, and even the right to participate in the program.

Get advice from immigration lawyers to avoid risks and ensure a timely and successful H-2B visa.

As a reminder, starting May 7, 2025, a REAL ID or passport will be required for domestic flights in the US. We've already covered what this means for residents and international visitors.

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