The United States relies on temporary foreign workers to fill labor shortages in the agricultural and seasonal non-agricultural sectors, facilitated by the H-2A and H-2B visa programs. These programs, rooted in the Immigration and Nationality Act (INA) of 1952 and shaped by subsequent reforms, allow employers to hire foreign nationals when U.S. workers are unavailable. While both address temporary labor needs, they differ in scope, employer obligations, and application processes. This article provides a detailed comparison of the H-2A and H-2B visas, incorporating the latest data and regulatory changes as of March 31, 2025, to illuminate their differences and implications.
Overview of H-2A and H-2B Visas
The H-2A visa program allows U.S. employers to bring in foreign workers to perform temporary or seasonal agricultural work, such as planting, cultivating, and harvesting crops. Administered by the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), the program has no annual cap, providing flexibility to meet agricultural demand. In fiscal year (FY) 2024, the DOL certified 378,513 H-2A positions, underscoring the program’s critical role in supporting the agricultural workforce.
Conversely, the H-2B visa program addresses temporary non-agricultural labor needs in industries such as landscaping, hospitality, and construction. Unlike H-2A, it is subject to an annual cap of 66,000 visas, divided into 33,000 for each half of the fiscal year (October 1-March 31 and April 1-September 30). Supplemental visas can expand this cap; for FY 2025, the Department of Homeland Security (DHS) and DOL authorized an additional 64,716 visas on December 2, 2024, potentially raising the total to 130,716.
Key Differences in Scope of Employment
The H-2A visa is narrowly tailored to agricultural work that is tied to seasonal or temporary needs, typically less than one year, unless there are exceptional circumstances. DOL defines this as employment tied to specific agricultural cycles, such as fruit harvesting or livestock shearing. Data from DOL’s Office of Foreign Labor Certification (OFLC) show that 370,628 H-2A positions were certified in FY 2022, with a significant concentration in vegetable and fruit farming.
The H-2B visa, however, covers a broader range of non-agricultural jobs, provided the employer demonstrates a temporary need. DOL recognizes four categories: seasonal (e.g., ski resort workers), peak demand (e.g., summer tourism workers), intermittent (e.g., occasional event workers), or one-time events. In FY2021, DOL certified 17,754 H-2B positions in meat, poultry, and fish processing, up from 8,486 in FY2019, reflecting adaptability during labor shortages.
A critical distinction is the lack of a cap for H-2A, which allows for unlimited visas based on employer demand, as opposed to H-2B’s restrictive 66,000 visa cap. For FY 2025, USCIS reported on March 26, 2025, that the second half of the H-2B cap (33,000) had been reached, with a March 5, 2025, deadline for new petitions, underscoring the competitive nature of the program.
Employer obligations
Both programs impose strict requirements on employers to ensure fair treatment of workers and to protect the U.S. labor market, but the specifics differ significantly.
H-2A Employer Responsibilities
H-2A employers have extensive responsibilities, including
- Providing housing: Employers must provide free housing that meets federal or state standards, a requirement unique to H-2A. In 2024, the DOL updated the regulations to require cooking facilities or meals up to $15.88 per day if facilities are not available.
- Transportation Costs: Employers must cover the cost of travel to and from the job site, reimbursing workers after 50 percent of the contract is completed and at the end of the contract.
- Work Hour Guarantee: A “three-quarter guarantee” ensures that workers receive at least 75% of the promised work days during the contract period.
- Wage Standards: Employers must pay the higher of the Adverse Effect Wage Rate (AEWR), the federal or state minimum wage, or the prevailing wage. In 2025, the AEWR ranges from $14.53 in Alabama to $19.75 in California.
New regulations effective January 17, 2025, allow USCIS to deny H-2A petitions if employers commit serious labor violations, such as charging illegal recruitment fees. Violators face a one-year ban on filing petitions, which can be extended to three years unless restitution is made.
H-2B Employer Obligations
H-2B employers have fewer mandated benefits, but similar labor protections:
- Transportation Reimbursement: Employers must pay inbound travel and subsistence costs through the midpoint of the contract, and outbound costs if the worker completes the term or is terminated early.
- Work Hour Guarantee: Employers guarantee three-quarters of the work days in each 12-week period, less comprehensive than the H-2A full-term guarantee.
- Wage Standards: Employers must pay the prevailing wage, as determined by the DOL’s FLAG system, to avoid adverse impact on U.S. workers. For example, the average hourly wage for landscaping workers in Colorado is $18.50 in 2025.
- Cap compliance: Employers must navigate the H-2B cap, often relying on additional allocations (e.g., 20,000 visas for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica in FY 2025).
Like H-2A, H-2B petitions filed on or after January 17, 2025 will be subject to denial for labor violations, with additional scrutiny for supplemental cap petitioners who demonstrate “irreparable harm” without additional workers.
Application Procedures
The H-2A and H-2B application processes share a common framework, but differ in timing and restrictions due to the cap and industry-specific needs.
H-2A Application Process
- Job Order Filing: Employers submit a Job Order (ETA Form 790) to the State Workforce Agency (SWA) 60-75 days prior to the date of need, detailing the terms and conditions of the job.
- Temporary Labor Certification (TLC): ETA Form 9142A is filed with DOL’s OFLC at least 45 days in advance, demonstrating that no U.S. workers are available.
- USCIS Petition: Upon certification, employers file Form I-129 with USCIS ($460 standard fee or $1,685 with premium processing beginning April 1, 2024). Expedited processing accommodates agricultural urgency.
- Visa issuance: Workers apply at a U.S. consulate and typically receive visas quickly.
In FY 2022, 80% of certified H-2A positions (370,628) resulted in visas, reflecting high approval rates.
H-2B Application Process
- Prevailing Wage Determination (PWD): Employers request a PWD from the DOL’s National Prevailing Wage Center at least 60 days prior to filing.
- Temporary Labor Certification: ETA Form 9142B is filed with OFLC, certifying temporary need and unavailability of U.S. workers.
- USCIS Petition: Form I-129 is filed after certification, subject to the cap unless exempt (e.g., returning workers from FY 2022-2024). Additional visas for FY 2025 will be allocated in tranches, beginning with 20,716 for the first half.
- Visa issuance: Workers apply at consulates, with the timing tied to the availability of the cap.
The H-2B process is more constrained; the cap for the second half of FY 2025 was exhausted by March 5, 2025, requiring early planning.
Recent updates in 2025
As of March 31, 2025, major changes affect both programs:
- January 17, 2025 Regulations: DHS finalized rules to strengthen worker protections, including denying petitions for labor violations and eliminating nationality-based eligibility lists.
- H-2B Supplemental Visas: The FY 2025 increase of 64,716 visas, announced December 2, 2024, prioritizes returning workers (44,716) and certain nationalities (20,000).
- Fee Increases: USCIS increased Form I-129 fees by up to 267% for large employers on April 1, 2024, impacting the cost of both programs.
Conclusion.
The H-2A and H-2B visa programs address different labor needs – the seasonal demands of agriculture versus temporary non-agricultural positions – while imposing unique obligations and processes on employers. The uncapped flexibility of H-2A contrasts with the capped restrictions of H-2B, yet both remain essential to the U.S. economy. As of March 31, 2025, ongoing reforms balance employer access with worker protections, ensuring that these programs adapt to evolving labor needs.
Primary Sources
- USCIS: H-2A Temporary Agricultural Workers
- URL: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers
- Description: Official USCIS page detailing H-2A eligibility, employer requirements, and 2025 regulatory updates.
- USCIS: H-2B Temporary Non-Agricultural Workers
- URL: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers
- Description: Comprehensive guide to H-2B program rules, cap status, and recent changes effective January 17, 2025.
- DOL: H-2A Temporary Agricultural Program
- URL: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a
- Description: DOL resource on the H-2A certification process, wage rules, and worker protections updated in 2024.
- DOL: H-2B Temporary Non-Agricultural Program
- URL: https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2b
- Description: Details H-2B petition steps, prevailing wage requirements, and employer obligations.
- Federal Register: Increase in H-2B Supplemental Visas for FY 2025
- URL:https://www.federalregister.gov/documents/2024/12/02/2024-27938/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-fy-2025-for-the-h-2b
- Description: Official announcement of the 64,716 additional H-2B visas for FY 2025, effective December 2, 2024.
