Temporary Workers: H-2A and H-2B

The H-2 programs address qualifying temporary labor needs; they are not general routes for any skilled or unskilled job.

  • H-2A: temporary or seasonal agricultural employment.
  • H-2B: qualifying temporary nonagricultural employment. The employer must establish a temporary need under the applicable rules; statutory numerical limits and any supplemental allocations require current review.

The process generally includes Department of Labor temporary labor certification, required recruitment and wage protections, followed by an employer petition to USCIS and any required visa application. The employer’s need, job terms, recruitment, worker protections and filing deadlines must meet the relevant program rules.

Do not rely on a fixed processing-time promise or assume that a pending or approved petition authorizes employment. The permitted employer, work and period of stay depend on the individual’s approval and admission records. Separate immigration options require separate eligibility analysis.

Official program guidance: H-2A and H-2B.

Contact MELTSER LAW GROUP to discuss your circumstances, or call (847) 444-9000.

General information, not advice for an individual case. Updated October 10, 2026. Check current agency instructions, forms and fees before filing.