H-2B & Temporary Work Visas

The H-2B program lets U.S. employers bring in foreign workers for temporary non-farm jobs, such as landscaping, seafood processing, hospitality and some construction support. Workers on H-2B visas have legal protections, but they can be vulnerable to abuse, so it helps to know the rules.

• Temporary Workers
• Employers
• Recruiters

How the program works

• The employer applies to the Department of Labor to certify a temporary need and the wage, and then to U.S. Citizenship and Immigration Services (USCIS) for approval. There is an annual cap on visas.
• Jobs are generally temporary, often seasonal or peak-load, for up to 9 months (with limited extensions).
• The visa is tied to the employer. If you want to change jobs, you generally need a new employer to file a petition; there are portability rules for some cases. Check with an immigration attorney or legal aid.

Key worker protections

• Job order in writing: the employer must give you a copy of the work contract (job order) no later than the time you apply for the visa, in a language you understand.
• No recruitment fees: the employer and recruiters may not charge workers fees for the job. If you paid, the employer must reimburse you in the first workweek.
• Pay: at least the offered wage and the highest of the required wage rates, with overtime where the law requires. See Overtime and Minimum Wage.
• Three-fourths guarantee: the employer must offer work for at least three-fourths of the hours in each period of the job order.
• Transportation and subsistence: the employer must reimburse inbound travel and daily meal costs once you complete half of the job period, and pay return travel if you finish or are dismissed early. Visa fees are reimbursed in the first workweek.
• Tools and equipment: must be provided at no cost.
• Passport: the employer must not hold your passport or other documents.
• Housing: if the employer provides it, it must meet safety rules.
• Safety: you have the same right to a safe workplace as anyone. See Worker Rights.

Retaliation and abuse

Employers may not threaten, fire or blacklist you for asserting your rights, filing a complaint or consulting an attorney. Threats of deportation to stop you from complaining may be illegal. See Immigrant Workers and Wage Theft.

Where to get help

• Keep copies of your job order, pay stubs, visa documents and records of your hours
• Call the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 (interpreters available)
• Contact legal aid, a worker center or an immigration attorney. See Where to Get Help
• If you are in danger or a victim of trafficking, call the National Human Trafficking Hotline at 1-888-373-7888. See Human Trafficking Awareness

Last updated: October 8, 2026