Introduction
Many recent immigrants, including H-2B workers and their families, are unfamiliar with the H-2B program and unable to find recent information about the program. The most recent changes in the H-2B country list have caused great anxiety to immigrants and their families who have already applied for work in the U.S. temporarily and are waiting for the start date of work. Foreign workers and their families have rights and are not without options.
Define the H-2B Visa Program and Its Importance
For recent immigrants, understanding the framework of H-2B visas and the H2B country list can lead to finding employment in the U.S. while on a temporary work permit. Such work allows U.S. employers to find the workers they need to run their businesses, including those in industries that experience periodic labor shortages such as hospitality and landscaping. Last year alone, thousands of applications were submitted to find work opportunities within a year of the program’s initiation. All of these applications for visas, part of the 33,000 visas available for the temporary work permits, are reviewed on a timely basis.
While the program is intended to allow businesses to maintain operations in instances of labor shortages where there is a lack of local talent, it is imperative for employers to review the compliance requirements of the initiative. For those employers needing temporary work permits, an understanding of the process for applying for such permits is critical given growing demand.
Identify Eligibility Criteria for H-2B Visa Countries
Temporary worker classification requirements for countries are, in summary, numerous. The requirements for countries from outside the U.S. start with being recognized by the U.S. Department of Homeland Security (DHS), for example. Also, when foreign temporary workers have completed their work in the U.S. and it is time for them to return to their home countries, certain requirements have to be fulfilled. Foreign countries must, for example, be compliant with the labor laws and regulations of the U.S.
Earlier we mentioned that the work visas for countries go through an eligibility process and receive an eligibility designation. That eligibility designation for work visas for countries, as we have mentioned previously, expires in one year and has to be renewed. We can inform you and help you to establish whether countries have eligibility to participate in the temporary worker program.
A list of h2b countries which outlines the countries from around the world that are eligible to participate in the temporary workers program (h2b temporary worker program) for example has 89 countries listed. Because the requirements for the countries are subject to recent changes in the requirements of the program, the h2b country list also is. Recently the country of the Philippines rejoined the program, for example, while in the mean time the country of Mongolia has limited eligibility for the program, in part because of high instances of overstay as well as fraud in the country.
Requirements for countries that participate in the h2b temporary worker program can, for example, help to answer the question whether countries are eligible for the program of temporary workers.
Outline the Application Process for H-2B Visas
In summary, obtaining a temporary work permit is a relatively straightforward process, as long as one knows what to expect. First, the foreign worker’s employer must file a petition on his or her behalf using Form I-129. In the petition, the employer must describe the job for which the foreign worker will be employed and assert that the job is temporary. The petition must be prepared well in advance of the time when the foreign worker will need to enter the U.S.
In addition to the petition, the employer must obtain a temporary labor certification for the foreign worker from the Department of Labor (DOL). The purpose of the certification is to establish that there are not sufficient qualified U.S. workers who are willing and able to perform the temporary job for which the foreign worker will be employed and that the foreign worker’s employment will be for a temporary period of time. In support of the certification, the employer must keep detailed records of the recruitment of U.S. applicants for the job and of the wage paid to the foreign worker.
Once the petition for the foreign worker has been approved by USCIS, the foreign worker can apply for an H-2B permit at a U.S. consulate in his or her home country. To do so, the foreign worker must submit a Form DS-160 to the consulate, and attend an interview at the consulate. At the interview, the foreign worker will be asked to describe the job for which he or she will be working and to assert his or her intent to return to his or her home country after his or her employment here has come to an end.
The foreign worker’s application for an H-2B permit will be processed more smoothly if he or she receives structured pre-interview orientation for the interview. Workers who receive such orientation perform better in the interview, and are less likely to have their applications for H-2B status refused. After his or her application for an H-2B permit has been approved, the foreign worker can enter the U.S. and begin his or her employment here.
As noted above, the process for obtaining a temporary work permit can be quite complex. Therefore, it is very important that each step of the process is handled with care. For those interested in applying for a temporary work permit as an animal caretaker, the average wage paid to such workers is $15.72 per hour. Thus, such workers can expect to earn a good wage for their work, but there will likely be a lot of competition for the jobs.
It is worth noting that the vast majority of temporary worker applications are refused by USCIS because the evidence presented to establish temporary necessity is deemed to be insufficient. Thus, in preparing an application for a temporary work permit, it is very important to establish temporary necessity effectively. In addition, for FY 2026, there are only 35,000 temporary work permits available. Therefore, it is very important to get one’s application for a temporary work permit in as early as possible in the process in order to increase one’s chances of being selected for approval of the application.
Explain the Impact of Updates to the H-2B Country List
As the h2b country list for H2B temporary work is updated, many opportunities are created for foreign workers to travel to the U.S. in search of temporary work in the U.S. However, as with any changes, there are also many obstacles that have been presented for foreign workers. An example of this is that Belize and Haiti were recently removed from the h2b country list for H2B compliance issues. Therefore, many nationals of both countries will have the doors shut for them in regards to seeking out temporary jobs in the U.S.
However, should a country be removed from the h2b country list of countries eligible for placement of temporary workers, such as is currently the case for Belize and Haiti due to compliance issues for H2B temporary work in these countries, it creates enormous problems for many individuals seeking work here, in the US. The list of countries currently eligible for placement for temporary work under the H2B temporary work initiative consists of 89 countries, and so whether an individual will be granted a permit to seek work here in the US as a temporary worker will depend on whether or not their country of nationality is currently on the h2b country list of countries for which placement of such workers is permissible. Consequently, countries being removed from the h2b country list will have significant effects on industries here in the US that rely heavily on H2B labor for work in such fields as landscaping and construction, for example as outlined on the H2B country list for these industries.
The Department of Homeland Security is proposing a new round of reforms to the H-2 program. Of greatest interest is the possibility of eliminating the eligible countries list, a change that would have the support of both employers and foreign workers. Removing this list would impose a number of significant new burdens on the processes by which employees of foreign temporary workers obtain permits to work in the U.S., but it would bring an end to many of the inefficiencies of the current system and, for the first time, bring H-2 into line with the great majority of other temporary foreign worker programs. For years, employees in these programs have been protected from a variety of forms of exploitation and have received wages comparable to those of U.S. workers. In contrast, workers in the H-2 programs have frequently been the victims of wage theft and other forms of exploitation. In fact, since 2000, employers in sectors that use temporary foreign labor for a portion of their workforce have taken over $2.2 billion from their employees.
For the use of foreign labor in the U.S. labor market, an update on the terms and conditions of the H2B visa is important. Such updates inform foreign workers of changes to their chances of finding work in the U.S. as well as inform employers of changes to the rules that they must follow. The public comment period on the proposed changes for the H2B visa has closed on November 20, 2023.
Conclusion
Most foreign workers considering temporary work in the U.S. are confused by eligibility requirements for an H-2B visa and the process of applying for such a visa. Therefore, we created a guide to the H-2B visa for foreign workers considering temporary work in the U.S. Moreover, the purpose of the H-2B visa is to fill labor needs of industries in the U.S. for foreign workers to work there temporarily.
The following information details the requirements for foreign workers to gain employment in the U.S. through temporary and seasonal work while providing employers with information about the current status of participating countries, and insight into the proposed changes that are intended to alleviate temporary work abuse and make better and more safe use of foreign workers’ labor for the duration of their visas.
For now, and in the future, while H-2B is in a state of change, both workers and their employers can take steps to shape the program as it develops. By making themselves aware of current law and regulations regarding the H-2B visa for temporary work in the U.S., both foreign workers and their U.S. employers can seek out assistance from a variety of sources, including bilingual legal experts. Their task will be to assist both classes of participants to comply with application requirements for this short-term visa in search of the right temporary work in industries that are dependent upon foreign workers during the term of their visa.
Frequently Asked Questions
What is the H-2B Visa Program?
The H-2B Visa Program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there is a shortage of local talent. It is particularly important for industries that experience periodic labor shortages, such as hospitality and landscaping.
Why is the H-2B Visa Program important for recent immigrants?
The H-2B Visa Program provides recent immigrants with opportunities to find employment in the U.S. while on a temporary work permit, helping them gain work experience and support themselves financially.
How many H-2B visas are available each year?
There are 33,000 H-2B visas available for temporary work permits each year.
What types of industries benefit from the H-2B Visa Program?
Industries that benefit from the H-2B Visa Program include hospitality and landscaping, among others that experience periodic labor shortages.
What should employers consider when applying for H-2B visas?
Employers must review the compliance requirements of the H-2B Visa Program and understand the application process for temporary work permits, especially given the growing demand for such permits.
List of Sources
- Define the H-2B Visa Program and Its Importance
- US reaches H-2B visa cap for FY 2026 (https://mcknightsseniorliving.com/news/us-reaches-h-2b-visa-cap-for-fy-2026)
- Temporary Increase in H-2B Nonimmigrant Visas for FY 2026 | USCIS (https://uscis.gov/working-in-the-united-states/temporary-workers/h-2b-non-agricultural-workers/temporary-increase-in-h-2b-nonimmigrant-visas-for-fy-2026)
- H-2B FY 2026 Update: What Soaring Demand and Shrinking Relief Means for Seasonal Employers (https://harrisbeachmurtha.com/insights/h-2b-fy-2026-update-what-soaring-demand-and-shrinking-relief-means-for-seasonal-employers)
- Study: H-2B Visa Program supports U.S. workforce, positively impacts domestic salaries and jobs | AHLA (https://ahla.com/news/study-h-2b-visa-program-supports-us-workforce-positively-impacts-domestic-salaries-and-jobs)
- Identify Eligibility Criteria for H-2B Visa Countries
- DHS Announces Countries Eligible for H-2A, H-2B Visas (https://shrm.org/topics-tools/news/talent-acquisition/dhs-announces-countries-eligible-h-2a-h-2b-visas)
- Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Nonimmigrant Worker Programs (https://federalregister.gov/documents/2024/11/08/2024-25790/identification-of-foreign-countries-whose-nationals-are-eligible-to-participate-in-the-h-2a-and-h-2b)
- The H-2B Visa and the Statutory Cap (https://congress.gov/crs-product/R44306)
- Outline the Application Process for H-2B Visas
- Additional H-2B Visas for FY 2026: Great News for Seasonal Employers (64,716 Supplemental Visas) (https://attorneycastro.com/fy-2026-additional-h2b-visas-supplemental)
- H-2B Visa 2026: Meaning, Rules, Requirements and Process (https://radvisionworld.com/blog/h-2b-visa-cap-rules-requirements-and-application-process)
- The H-2B visa program has ballooned without being fixed. Expanding it to year-round jobs like meatpacking would lower wages and revenue: A high-road employment strategy that includes green cards would raise wages and spur investment instead (https://epi.org/publication/the-h-2b-visa-program-has-ballooned-without-being-fixed-expanding-it-to-year-round-jobs-like-meatpacking-would-lower-wages-and-revenue)
- H-2B FY 2026 Update: What Soaring Demand and Shrinking Relief Means for Seasonal Employers (https://harrisbeachmurtha.com/insights/h-2b-fy-2026-update-what-soaring-demand-and-shrinking-relief-means-for-seasonal-employers)
- Explain the Impact of Updates to the H-2B Country List
- DHS removes Mongolia, Samoa, and Tonga from countries eligible for H-2A and H-2B visas | Immigration Policy Tracking Project (https://immpolicytracking.org/policies/dhs-removes-mongolia-samoa-and-tonga-countries-eligible-h-2a-and-h-2b-visas)
- DHS removes Belize, Haiti and Samoa from countries eligible for H-2A and H-2B visas | Immigration Policy Tracking Project (https://immpolicytracking.org/policies/dhs-removes-bellize-haiti-and-samoa-from-countries-eligible-for-h-2a-and-h-2b-visas)
- The H-2B visa program has ballooned without being fixed. Expanding it to year-round jobs like meatpacking would lower wages and revenue: A high-road employment strategy that includes green cards would raise wages and spur investment instead (https://epi.org/publication/the-h-2b-visa-program-has-ballooned-without-being-fixed-expanding-it-to-year-round-jobs-like-meatpacking-would-lower-wages-and-revenue)
- DHS Announces Countries Eligible for H-2A and H-2B Visa Programs | USCIS (https://uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs)
- The H-2B Visa and the Statutory Cap (https://congress.gov/crs-product/R44306)
