H-2A and H-2B visas may be the seasonal workforce solution you’re missing

If your business finds itself competing for qualified seasonal workers for the holiday rush, you’re not alone. According to the U.S. Bureau of Labor Statistics, employer demand for labor rises during October, November and December each year, with 492,000 seasonal employees hired in retail trade industries during the 2024-25 holiday season.

Following the 2025 holiday season, job opening rates reached 5.5% for accommodation and food services, and 4.6% for retail trade in March 2026. Many U.S. employers rely on seasonal workers to fill these labor gaps during peak production and service periods. However, not all know or take advantage of nonimmigrant visa programs, such as H-2A and H-2B, to augment their workforce during these temporary surges.

If your team is scrambling to fill seasonal roles, you may be leaving a proven temporary workforce option on the table. Human resources and global mobility managers responsible for staffing during peak seasons should understand the distinct requirements of the H-2 visa program and determine whether it’s an appropriate option for their temporary hiring needs.

Choosing plan (H-2) A or B for your company’s seasonal workforce needs

Businesses and employers requiring seasonal labor have two temporary visa opportunities: H-2A and H-2B. The key differences between the H-2A and H-2B visa categories are:

• An H-2A visa allows U.S. employers to hire foreign national employees in temporary agricultural jobs with no limit to the number of visas available.
• An H-2B visa allows U.S. employers to hire foreign national employees in temporary nonagricultural jobs, such as hospitality and construction, but the program has an annual cap of 66,000 visas issued each fiscal year.

More diverse industries apply for H-2A and H-2B visas than you might think

HR and mobility managers can also evaluate which program is most suitable for their business needs based on their industry. Some agricultural industries that benefit from the H-2A visa program are vegetable farming, cattle and dairy ranching, poultry and egg production and sugarcane operations. H-2A visa-eligible jobs must be mainly farming operations, crop production and harvesting, and animal husbandry.

Nonagricultural industries, such as hospitality, construction, landscaping and seafood production, are all common industries that employ temporary workers on an H-2B visa; however, the program is not limited to these industries. If you’re not sure whether your industry qualifies, you’re not the only one. This is a common question we hear at industry conferences and panel discussions, and we help clients navigate requirements with specific context to their industry.

Dress your application for success: Know what it takes to qualify for an H-2 visa

To sponsor an H-2 visa, your application must prove that not enough U.S. workers are able, willing, qualified and available to perform the temporary work, and that the labor need is temporary.

While the H-2A visa program provides work authorization for agricultural jobs without a limit on registrations, the H-2B visa is a capped program for nonagricultural jobs that must be seasonal, peak-load, a one-time occurrence or intermittent — this is where first-time filers may need more help.

H-2B or not to H-2B? Answering the temporary need question

Employers hiring foreign nationals for nonagricultural jobs may qualify for an H-2B visa by demonstrating that their need for temporary workers meets the following requirements:

• Seasonal need: Labor that is tied to a season of the year by an event or pattern and is recurring.
• Peak-load need: A temporary labor supplement to permanent staff due to seasonal or short-term demand. Temporary labor will not become part of regular operations.
• Intermittent need: An occasional need for temporary workers for a short period. Your business must not have previously employed permanent or full-time workers for this role.
• One-time occurrence: A job that is otherwise permanent, but temporary workers are needed because of a temporary, short-term event. You must show that workers have not been employed previously in this role and will not be needed for this job in the future.

The H-2B supply and demand issue requires proactive planning

During the three-day filing period for H-2B visas in January 2026, the Departments of Labor and Homeland Security received 10,062 applications requesting more than 162,000 positions. Although the departments have previously issued supplemental H-2B visas in addition to the annual cap, the demand still far outweighs the supply, and supplemental visas are not guaranteed.

Find out why the H-2B visa program is exploding in popularity and what it means for employers hiring temporary workers in the American hospitality sector.

If you want your business to make the cut and stand a chance during tight filing windows, you need to ensure your applications are accurate and meet all requirements. You should also stay informed of federal rules issuing supplemental H-2B visas to not miss out on additional opportunities for seasonal workers.

For managers building a temporary workforce for the first time, it may be unclear if a job qualifies under the temporary need definitions or how to plan for H-2B caps. Planning early is essential to account for program criteria evaluation and to build a persuasive, evidence-based H-2B petition for your temporary workforce needs.

Planning starts now: How employers kickstart H-2 sponsorship early to support essential business cycles

The H-2A and H-2B visa programs are strategic options to source seasonal workers for your peak operating period. Whether it is to optimize labor productivity for the holiday rush or to maximize crop yield during harvest time, it’s never too early to start planning for the season ahead. You can begin now by identifying roles that qualify for an H-2 visa, documenting temporary need and testing the labor market before your season starts.

Being proactive is key to making the H-2 visa program a feasible seasonal workforce solution for business. Experienced H-2 attorneys can support your organization with assessing temporary roles for eligibility, building an H-2B cap registration strategy and responding to government agency notices should they arise.

BAL guides employers through every step of the H-2 visa process

With strategic planning and expert guidance, employers can ease labor shortages and optimize operations by hiring temporary nonimmigrant workers to fill essential roles. BAL’s dedicated attorneys help employers ensure temporary workers are recruited, hired and onboarded on time to support your business operations during key labor and production periods. Connect with our H-2 legal team to get started.

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