H-2A vs H-2B: Which Seasonal Worker Visa Does Your Business Need?

The distinction between H-2A and H-2B isn’t about seasonality—both programs handle temporary needs. The difference is what your business produces.

Agricultural operations growing crops or raising livestock use H-2A. Service businesses—landscaping, hospitality, construction—use H-2B.

Understanding this distinction matters because each program has different requirements, timelines, and costs.

What Makes Work Agricultural vs Non-Agricultural Under Immigration Law

The Immigration and Nationality Act creates two separate temporary worker programs under Section 101(a)(15)(H)—H-2A for agricultural labor and H-2B for temporary non-agricultural work.

H-2A covers work performed by farmers or on farms in connection with producing agricultural commodities. Section 218 of the INA governs H-2A temporary agricultural workers.

That means:

• Planting, cultivating, and harvesting crops
• Raising livestock for food production (though most dairy and livestock roles are year-round rather than seasonal, so they typically don’t qualify)
• Operating dairy or poultry operations when work is seasonal
• Growing plants for wholesale or retail sale
• Fish farming (aquaculture) operations in some circumstances
• Logging on tree farms

H-2B covers temporary or seasonal non-agricultural work. Regulations at 20 CFR Part 655 Subpart A establish the H-2B labor certification process.

That includes:

• Landscaping installation and maintenance
• Ski resorts and winter tourism
• Hotel seasonal staffing
• Seafood processing facilities (workers in the plant, not on boats)
• Construction companies with seasonal demand
• Golf course operations

A nursery growing ornamental plants for sale uses H-2A. A landscaping company buying those plants and installing them at client properties uses H-2B.

Same plants. Different programs. The distinction is whether the business produces agricultural commodities or provides services.

How H-2A and H-2B Requirements Differ for Employers

Both programs require temporary labor certification from the Department of Labor, but have several important differences.

The H-2B Cap Creates Filing Pressure H-2A Employers Don’t Face

H-2A has no numerical limit. Under 20 CFR 655 Subpart B, every agricultural employer demonstrating temporary need and meeting certification requirements can obtain workers.

H-2B caps at 66,000 visas annually—33,000 for workers starting October 1 through March 31, and 33,000 for April 1 through September 30. Per 8 CFR 214.2(h)(6)(iv), once the numerical cap is reached, USCIS rejects additional H-2B petitions.

When the cap fills, it’s over. Employers wait for supplemental allocations—which Congress has authorized annually since FY2021 but doesn’t guarantee—or operate short-staffed.

Ski resorts in Colorado, landscapers in Massachusetts, seafood processors in Alaska, hospitality operations in Florida—all competing for the same limited visa numbers. Late filers get shut out.

H-2A Housing Requirements Represent Substantial Investment

Under 20 CFR 655.122(d), H-2A employers must provide housing that meets federal standards or local rental housing standards, at no cost to workers.

That requires:

• Housing inspections before workers arrive
• Adequate space per person
• Working kitchens, bathrooms, heating and cooling
• Ongoing maintenance throughout the season

For employers without existing worker housing, this can mean constructing or leasing facilities, passing inspections, and maintaining properties.

H-2B employers are not generally required to provide housing except in limited circumstances under 20 CFR 655.20. When H-2B employers do provide housing, they can deduct reasonable rent from wages. H-2A prohibits wage deductions for housing.

Both Programs Require 75% Work Guarantees

Under 20 CFR 655.122(i), H-2A employers must guarantee workers employment for at least 75% of the work hours specified in the job order.

H-2B employers face the same requirement under 20 CFR 655.20(f)—offering workers employment for at least three-fourths of the workdays in each 12-week period (or 6-week period for contracts under 120 days).

Both programs provide this protection to ensure workers who travel to the United States for temporary employment actually receive the work they were promised.

Both Programs Require Proving U.S. Workers Are Unavailable

The Department of Labor certifies both H-2A and H-2B applications only after employers demonstrate insufficient U.S. workers are available.

For H-2A, 20 CFR 655.130 requires employers to submit applications at least 45 days before workers are needed (though 75-90 days is recommended to account for processing delays).

For H-2B, 20 CFR 655.15 requires filing the temporary employment certification application 75 to 90 days before the employer’s date of need.

Both require:

• Filing job orders with state workforce agencies
• Consider any applications from U.S. workers during the recruitment period
• Contact former U.S. workers who have left the company recently
• Documenting why any U.S. applicants weren’t hired

Post-2019, recruitment for H-2B positions happens during the labor certification process, not before. The Department of Labor eliminated newspaper advertising requirements for H-2B applications.

Common Classification Questions Employers Ask

Landscaping companies working with plants

Landscaping businesses maintain residential and commercial properties. That’s providing services to property owners, not producing agricultural commodities.

Under the regulatory definitions at 20 CFR 655.5, landscaping is non-agricultural work requiring H-2B classification.

Food processing facilities

Seafood processing plants, fruit packing operations, meat processing—these operations use H-2B unless processing occurs on the farm where products were grown or caught.

Once products move to a separate processing facility, the work becomes non-agricultural under DOL classifications.

Resort grounds maintenance

Ski resorts maintaining extensive grounds, country clubs operating golf courses, hotels landscaping properties—none qualifies as agricultural work under immigration law. These are hospitality and recreation businesses requiring H-2B classification.

H-2A Filing Timeline Requires 75 to 90 Days for Reliable Staffing

The statutory minimum under 20 CFR 655.130 is 45 days, but employers who file at this deadline frequently miss their start dates.

The H-2A timeline:

75-60 days before start date: File job order with State Workforce Agency
At least 45 days before start date: Submit Form ETA-9142A to DOL’s Chicago National Processing Center
After DOL approval: File Form I-129 with USCIS
After USCIS approval: Workers apply for visas and travel to worksite

DOL processes properly-filed H-2A certifications within 30 days. USCIS adjudication adds 2 to 4 weeks. Visa processing and travel add another 1 to 2 weeks.

Most employers budget 60 to 90 days for the complete process, as immigration processing rarely proceeds without some delays or requests for additional documentation.

H-2B Filing Timeline Requires 4 to 5 Months of Planning

The H-2B process requires more advance planning than H-2A because employers must obtain prevailing wage determinations before filing labor certifications.

The H-2B timeline:

4-5 months before start date: Request Prevailing Wage Determination from DOL National Prevailing Wage Center
75-90 days before start date: File Form ETA-9142B (Application for Temporary Employment Certification) with job order to State Workforce Agency
During certification: Conduct recruitment (post-2019 rules—no newspaper ads required)
After DOL approval: File Form I-129 with USCIS
After USCIS approval: Workers apply for visas and travel

The prevailing wage determination typically takes 4 to 6 weeks. Labor certification processing takes 30 to 60 days. USCIS adjudication adds 2 to 4 weeks. Visa processing and travel add another 1 to 2 weeks.

The cap creates additional planning challenges. Employers needing workers in December must start the prevailing wage process in July—five months early. But starting too late means the cap fills before petitions can be filed.

Industries Using Each Program

H-2A agricultural operations:

• Crop production (fruits, vegetables, grains, tobacco)
• Livestock operations when work is seasonal (most dairy and livestock roles are year-round)
• Nurseries and greenhouses growing plants for sale
• Christmas tree farms
• Logging on tree farms
• Fish farming (aquaculture) in some circumstances

H-2B non-agricultural operations:

• Ski resorts and winter tourism operations
• Summer hospitality operations
• Landscaping companies
• Seafood processing facilities (off vessel)
• Construction companies with seasonal demand
• Golf courses and country clubs
• Carnival and fair operations

Determining Which Program Applies to Your Business

Does your business produce agricultural products?

Businesses growing crops, raising livestock (when seasonal), operating fish farms, or directly supporting farm production need H-2A.

Businesses providing services—even services involving plants or food—need H-2B.

Is the work temporary or seasonal?

Both programs require demonstrating temporary need. H-2A employers prove this through crop cycles or seasonal livestock needs. H-2B employers must demonstrate seasonal patterns, peak-load needs, or one-time occurrences under 20 CFR 655.6.

Year-round permanent positions don’t qualify under either program.

Can your business meet the program requirements?

H-2A requires providing free housing meeting federal standards and guaranteeing workers 75% of contract hours under 20 CFR 655.122.

H-2B requires navigating the annual cap and starting the prevailing wage determination process 4 to 5 months before the date of need per 20 CFR 655.10.

Working with Immigration Attorneys for H-2A and H-2B Petitions

Both programs involve multiple federal agencies, strict deadlines, detailed recruitment documentation, and ongoing compliance obligations.

Most employers—particularly those without prior H-2A or H-2B experience—work with immigration attorneys or specialized H-2 program administrators. Small employers typically lack the internal capacity to handle the intensive workload, and even large employers find the process requires significant coordination across multiple systems and agencies.

Agricultural employers with ongoing seasonal needs often develop long-term relationships with attorneys who handle their H-2A petitions annually. Our H-2A visa lawyers work with agricultural employers nationwide on labor certifications and USCIS petitions.

Non-agricultural employers competing for limited H-2B numbers frequently work with immigration attorneys to optimize timing and strengthen applications. When cap exhaustion means no workers for an entire season, application quality and strategic timing become critical. Our H-2B visa lawyers handle prevailing wage determinations, labor certification timing, and USCIS petitions for seasonal employers.

Need help determining which program applies to your business?

Contact our immigration attorneys to discuss your seasonal workforce needs and the correct visa classification for your operations.

Related Resources:

• How U.S. Employers Use the H-2B Visa Program to Hire Seasonal Workers
• 7 Industries That Successfully Use H-2B Visas
• H-2B Visas for Landscaping Companies