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Pathway

U.S. Temporary or Seasonal Work Visa

United States Residency
Pathway overview

At a glance

The H-2A and H-2B routes are for temporary or seasonal U.S. jobs in agriculture or non-agricultural work. They are employer-driven and limited to designated-country nationals except in limited cases.

Type
Temporary worker residence
Job fit
Temporary or seasonal agricultural or non-agricultural work
Core requirements
Employer certification, petition, designated-country eligibility, and visa approval
What to know
Temporary job route with limited long-term path
What it gives
An H-2 worker may perform only the approved job for the petitioning employer during the authorized period.
Main limit
This is not an open work permit or direct green-card route.

Summary

H-2 classification covers temporary or seasonal jobs for which a U.S. employer has shown that enough qualified U.S. workers are not available and that hiring foreign workers will not adversely affect similarly employed U.S. workers. H-2A covers temporary agricultural labor or services; H-2B covers temporary nonagricultural work.

The employer, not the worker, begins the process through labor certification and a USCIS petition. A legitimate worker should not be charged prohibited recruitment or petition costs.

Pathway fit check

Eligibility

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

H-2A work must be agricultural and temporary or seasonal. H-2B need must be a one-time occurrence, seasonal, peak-load, or intermittent and is generally subject to a statutory cap. 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

An H-2 worker may perform only the approved job for the petitioning employer during the authorized period. Extensions can be possible while the need remains temporary, subject to category limits and a general maximum period in H classification.

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 Labour suspended enforcement of provisions added by its separate 2024 H-2A farmworker rule in June 2025 because of injunctions and later rulemaking. 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 consular operations.

Next Steps

  1. Verify the employer and job order through official Department of Labour 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 DOL worker-rights resources or contact the Wage and Hour Division if terms differ from the job order.
Compare your options

Similar work permit pathways in other destinations.

Sources