--- title: "United States H-2B Seasonal worker requirements 2026" url: https://settleanywhere.com/countries/united-states/h2b-nonagricultural-worker/ lang: en updated: 2026-10-12 --- United States · Work # United States H-2B Seasonal worker **First stay:** 3 yrs H-2B Temporary Non-Agricultural Worker Checked against official sources on 12 Oct 2026 [Record corrected 12 Oct 2026](https://settleanywhere.com/changes/corrections/#change-us-h2b-nonagricultural-worker) [Change log](https://settleanywhere.com/changes/) - **First stay:** 3 yrs (Up to the period on the temporary labor certification; extensions in increments of up to 1 year; maximum 3 years.) - **Who can apply:** Any passport (No nationality list applies since Jan. 17, 2025.) ## Key facts H-2B Seasonal worker is a work route for United States. Checked 2026-10-12 against the official source. - **Government fees:** $1,080 · +2 more - **First stay:** 3 yrs ## Cost, time and long term **Government fees: $1,080 · +2 more** - $1,080 Form I-129 H-2B with named workers, paid by the employer (USD 1,030 online for cap-exempt petitions; USD 540 small employer or nonprofit). - $150 Fraud Prevention and Detection fee that H-2B petitioners (employers) pay with the petition. - $600 Asylum Program Fee paid by the employer as a regular petitioner (USD 300 small employer, USD 0 nonprofit). **Renewal: Renewable, 3 years max** Stay follows the temporary labour certification and can be extended in steps of up to 1 year, to a maximum of 3 years. [U.S. Citizenship and Immigration Services](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers) **Citizenship: Time here doesn't count** Naturalisation requires years of lawful permanent resident status (5 years, or 3 if married to a U.S. citizen), so time in this temporary status does not count toward it. [U.S. Citizenship and Immigration Services](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2) ## Why this route may not fit Check this before you apply. - Time on this route is capped at 3 years in total - Time on this route doesn't count toward citizenship - Needs a job offer from an employer in United States ### What you'll need #### Who can apply - The cap is 66,000 per fiscal year: 33,000 for starts Oct. 1 to Mar. 31 and 33,000 for starts Apr. 1 to Sept. 30. - USCIS reached the first-half FY 2027 cap on Sept. 4, 2026 and rejects new cap-subject petitions with earlier start dates. - There has been no designated country list since Jan. 17, 2025. #### What you must show - No placement fee may be collected from the worker. #### Steps 1. The employer needs a temporary labor certification. ## When you become tax resident How United States decides tax residence and treats foreign-source income, from its tax records. - **Stay on this route:** **Up to 3 years in total** - **Tax residence:** - **At least 31 days in the current calendar year** Minimum days of presence in the current year. - **At least 183 days in the current year plus two preceding years (weighted 1, 1/3, 1/6)** Weighted days of presence over the three-year period. - **Foreign-source income:** U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules. [All tax rules for United States](https://settleanywhere.com/countries/united-states/tax/) Tax records checked 12 Oct 2026 **Full official text** Temporary seasonal, peak-load, intermittent or one-time non-agricultural work, subject to a statutory cap of 66,000 per fiscal year. (sources 1, 2) #### What you must show and pay - A fee of $1,080 · Form I-129 H-2B with named workers, paid by the employer (USD 1,030 online for cap-exempt petitions; USD 540 small employer or nonprofit). (source 2) - A fee of $150 · Fraud Prevention and Detection fee that H-2B petitioners (employers) pay with the petition. (source 2) - A fee of $600 · Asylum Program Fee paid by the employer as a regular petitioner (USD 300 small employer, USD 0 nonprofit). (source 2) #### Requirements - The cap is 66,000 per fiscal year: 33,000 for starts Oct. 1 to Mar. 31 and 33,000 for starts Apr. 1 to Sept. 30. (source 1) - USCIS reached the first-half FY 2027 cap on Sept. 4, 2026 and rejects new cap-subject petitions with earlier start dates. (source 1) - There has been no designated country list since Jan. 17, 2025. (source 1) - No placement fee may be collected from the worker. (source 1) - The employer needs a temporary labor certification. (source 1) #### Stay - Up to the period on the temporary labor certification; extensions in increments of up to 1 year; maximum 3 years. - First stay: up to 36 months, decided case by case. - Renewable, subject to the conditions in force at renewal. #### Nationality No nationality list applies since Jan. 17, 2025. #### Work Work for the petitioning employer. #### Family Spouse and unmarried children under 21 as H-4. Checked 2026-10-12 ## Official sources 1. [H-2B Temporary Non-Agricultural Workers](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers) · U.S. Citizenship and Immigration Services · checked 2026-10-10 2. [Form G-1055, Fee Schedule (edition 10/07/26)](https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf) · U.S. Citizenship and Immigration Services · checked 2026-10-12 · published 2026-10-07 3. [USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2) · U.S. Citizenship and Immigration Services · checked 2026-10-11 4. [I am married to a U.S. citizen (naturalization)](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen) · U.S. Citizenship and Immigration Services · checked 2026-10-11 ## H-2B Seasonal worker and its alternatives | Route | Money needed | Stay | Work | | --- | --- | --- | --- | | H-2B Seasonal worker | – | 3 yr, renewable | – | | [E-3 Australian specialty](https://settleanywhere.com/countries/united-states/e3-specialty-occupation-australia/) | – | 2 yr, renewable | – | | [EB-1B Outstanding researcher](https://settleanywhere.com/countries/united-states/eb1b-outstanding-researcher/) | – | – | – | | [EB-1C Multinational manager](https://settleanywhere.com/countries/united-states/eb1c-multinational-manager/) | – | – | – | | [EB-2 Advanced degree](https://settleanywhere.com/countries/united-states/eb2-advanced-degree-exceptional-ability/) | – | – | – | ## Questions people ask ### How much money do I need for the H-2B Seasonal worker? A fee of $1,080. Form I-129 H-2B with named workers, paid by the employer (USD 1,030 online for cap-exempt petitions; USD 540 small employer or nonprofit). A fee of $150. Fraud Prevention and Detection fee that H-2B petitioners (employers) pay with the petition. A fee of $600. Asylum Program Fee paid by the employer as a regular petitioner (USD 300 small employer, USD 0 nonprofit). ### How long can I stay on the H-2B Seasonal worker? Up to the period on the temporary labor certification; extensions in increments of up to 1 year; maximum 3 years. ### Can I work on the H-2B Seasonal worker? Work for the petitioning employer. ### Can I bring my family on the H-2B Seasonal worker? Spouse and unmarried children under 21 as H-4. ### How are H-2B Seasonal worker holders taxed in United States? No special regime in our records is tied to the H-2B Seasonal worker. The standard rules apply: U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules. ## More in United States [EB-1A Extraordinary ability](https://settleanywhere.com/countries/united-states/eb1a-extraordinary-ability/) [EB-2 National Interest Waiver](https://settleanywhere.com/countries/united-states/eb2-niw/) [E-1 Treaty Trader](https://settleanywhere.com/countries/united-states/e1-treaty-trader/) [Entrepreneur parole (IER)](https://settleanywhere.com/countries/united-states/international-entrepreneur-parole/) [EB-3 Skilled worker](https://settleanywhere.com/countries/united-states/eb3-skilled-professional-other/) [H-1B Specialty occupation](https://settleanywhere.com/countries/united-states/h1b-specialty-occupation/) [H-2A Farm worker](https://settleanywhere.com/countries/united-states/h2a-agricultural-worker/) [L-1A Executive transfer](https://settleanywhere.com/countries/united-states/l1a-intracompany-manager/) ## Work visas elsewhere [🇲🇽 Job-offer residence](https://settleanywhere.com/countries/mexico/temporary-resident-job-offer/) [🇨🇴 Internationalisation visa M](https://settleanywhere.com/countries/colombia/m-fomento-internacionalizacion/) [🇨🇷 Scientist/professional permit](https://settleanywhere.com/countries/costa-rica/temporary-professionals-scientists/) [🇧🇷 Work visa](https://settleanywhere.com/countries/brazil/vitem-v-work/) [🇨🇦 Express Entry · Skilled Worker](https://settleanywhere.com/countries/canada/express-entry-pr/) [🇵🇦 Friendly Nations residence](https://settleanywhere.com/countries/panama/friendly-nations-permanent/) ≈ USD figures are approximate: daily reference rates from ExchangeRate-API, dated 12 Oct 2026, refreshed when the site is updated. ## How this was checked **Checked on 2026-10-12 against 4 official sources.** Status: verified against the official sources. Every figure on this page comes from the official source it links to. The record was researched against these sources, then reviewed separately, with special attention to effective dates and amendments. Where a source does not state something, the page leaves it out. 1. [H-2B Temporary Non-Agricultural Workers](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers) · U.S. Citizenship and Immigration Services · checked 2026-10-10 2. [Form G-1055, Fee Schedule (edition 10/07/26)](https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf) · U.S. Citizenship and Immigration Services · checked 2026-10-12 3. [USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2) · U.S. Citizenship and Immigration Services · checked 2026-10-11 4. [I am married to a U.S. citizen (naturalization)](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen) · U.S. Citizenship and Immigration Services · checked 2026-10-11 Tracked since 2026-10-10. Rule changes and corrections are listed on the [changes page](https://settleanywhere.com/changes/), and the [methodology page](https://settleanywhere.com/methodology/) explains how facts are checked. Found something out of date? Email [contact@stayglobe.app](mailto:contact@stayglobe.app?subject=Correction) with a link to the official source.