H2B visa for Filipino 2025: A Super Simple Guide

Introduction

The H-2B Visa is designed for temporary foreign workers seeking employment in nonagricultural sectors in the United States. However, not all foreign nationals are eligible for this visa. While the H-2B visa does not specifically allow for accompanying family members, there are other visa options available for family members to join the H-2B worker in the U.S.

The Department of Homeland Security (DHS) maintains a list of eligible countries, and as of November 10, 2021, the Philippines was reinstated in the H-2B program after a prior exclusion.

What is an H-2B Visa?

The H-2B program allows U.S. employers seeking to hire foreign workers temporarily to perform nonagricultural labor or services. This employment must meet at least one of the following conditions:

• A one-time occurrence

• A seasonal need

• A peak load need

• An intermittent need

Employers must demonstrate that:

• There are insufficient U.S. workers available for the job.

• Hiring H-2B workers will not negatively impact wages and working conditions of U.S. workers.

H-2B vs. H-2A Visas: What’s the Difference?

The H-2A Visa is specifically for agricultural workers, whereas the H-2B Visa covers nonagricultural sectors. Employers hiring for farming or seasonal agricultural jobs must apply for H-2A instead of H-2B. Learn more about the difference here.

H-2B vs. H-1B Visas: Key Differences

• H-1B Visa: Intended for professionals in specialty occupations requiring advanced degrees or specialized skills.

• H-2B Visa: Designed for temporary, nonagricultural workers and does not require advanced qualifications.

H-1B visas are subject to a 65,000 annual cap, while H-2B visas have a cap of 66,000 per fiscal year.

H-2B Eligible Countries

Not all foreign nationals can apply for an H-2B visa. The Department of Homeland Security maintains a list of eligible countries. The following countries are eligible for the H-2B visa category: Argentina, Australia, Brazil, Canada, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, New Zealand, Nicaragua, Peru, Philippines, South Africa, South Korea, and the United Kingdom. The Philippines was removed from this list in 2019 but was reinstated in 2021.

Even if a worker’s country is not on the eligibility list, U.S. employers can still file a petition, though the process may take longer. Employers may also request exemptions if the employment is deemed beneficial to the U.S. national interest.

Understanding the H-2B Program

The H-2B program allows U.S. employers to bring foreign nationals to fill temporary nonagricultural jobs. Employers must meet specific requirements and file Form I-129, Petition for a Nonimmigrant Worker.

Who Qualifies for an H-2B Visa?

To qualify, the employer must prove:

• Lack of U.S. Workers: No sufficient U.S. workers are available for the job.

• No Adverse Impact: Hiring H-2B workers does not negatively affect U.S. workers’ wages and conditions.

• Temporary Need: The employer must demonstrate the job is temporary, classified as one of the following:

  • One-time Occurrence: A unique, short-term event creates a temporary need.

  • Seasonal Need: The job is tied to a specific season, recurring annually.

  • Peak-Load Need: Temporary staff needed to supplement permanent workers due to seasonal or short-term demand.

  • Intermittent Need: The employer occasionally requires workers for short periods.

H-2B Visa Cap

• Annual Cap: 66,000 visas per year

  • 33,000 for October 1 – March 31 (first half of the fiscal year)

  • 33,000 for April 1 – September 30 (second half)

• Supplementary Visas: Additional 64,716 visas for FY 2025.

H-2B Cap Count Information

Step-by-Step H-2B Visa Process

Step 1: Obtain Temporary Labor Certification

• Employers must apply for labor certification from the U.S. Department of Labor (DOL) or Guam DOL (if applicable).

• DOL Foreign Labor Certification Details

Step 2: Submit Form I-129 to USCIS

• Once the labor certification is approved, the employer files Form I-129 with USCIS.

• If filing via DOL’s FLAG system, a printed final determination is required.

Form I-129 Instructions

Step 3: Worker Applies for a Visa and Admission

• After USCIS approves Form I-129, workers outside the U.S. must:

  • Apply for an H-2B visa at a U.S. Embassy or Consulate. It is crucial to schedule a visa interview, fulfill all the requirements during the interview, and understand that consular officers will determine eligibility for the visa.

  • Seek admission at a U.S. port of entry via Customs and Border Protection (CBP).

Find a U.S. Embassy

Required Documents for an H-2B Visa Application at Embassy

• Valid passport

• Completed Form DS-160 (Online Nonimmigrant Visa Application)

• Form DS-156 (Nonimmigrant Visa Application)

• Form DS-157 (For males aged 16-45)

• Passport-sized photographs

• H-2B Visa Approval Notice (Form I-129)

• Application fee payment receipt

• Proof of family ties (e.g., birth/marriage certificates)

• Evidence of intent to return home (e.g., proof of property or employment in the home country)

• Schedule and attend a visa interview (required as part of the application process)

H-2B Visa Duration and Extensions

• The visa is granted for the period specified in the Temporary Labor Certification, up to a maximum of three years.

• After three years, the worker must leave the U.S. for three consecutive months before applying again.

• Extensions are possible in increments of one year, provided the total stay does not exceed three years.

Costs Associated with an H-2B Visa

As of February 26, 2025, the filing fees and associated costs for obtaining an H-2B visa are as follows:

1. Form I-129, Petition for a Nonimmigrant Worker:

• For Named Beneficiaries:

  • Small Employers (25 or fewer full-time equivalent employees) and Nonprofit Organizations: $540

  • Regular Petitioners: $1,080

• For Unnamed Beneficiaries:

  • Small Employers and Nonprofit Organizations: $460

  • Regular Petitioners: $580

2. Asylum Program Fee:

• Regular Petitioners: $600

• Small Employers: $300

• Nonprofit Organizations: Exempt from this fee

3. Fraud Prevention and Detection Fee:

• All Petitioners: $150 (applicable only to the initial petition)

4. Premium Processing Fee (Optional):

• All Petitioners: $1,685

  • This service expedites the processing of Form I-129.

5. Form DS-160, Nonimmigrant Visa Application Fee:

• All Applicants: $185

  • This fee is paid by the prospective worker during the visa application process at a U.S. Embassy or Consulate.

Additional Costs:

• Travel Expenses: Workers are responsible for their travel and related expenses to the United States.

• Recruitment Costs: Employers may incur expenses related to advertising the position to U.S. workers as part of the labor certification process.

Please note that these fees are subject to change, and it’s advisable to consult the official U.S. Citizenship and Immigration Services (USCIS) website or legal counsel for the most current information.

Latest Updates on H-2B Visas

Key Alert

• Cap Reached for First Half of FY 2025: As of January 7, 2025, USCIS has received enough petitions to reach the additional 20,716 H-2B visas for returning workers with start dates on or before March 31, 2025.

• Additional H-2B Visas for FY 2025: The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released an additional 64,716 H-2B visas for fiscal year 2025, supplementing the statutory cap of 66,000 visas.

Reporting Fraud and Violations

• Suspected H-2B fraud or abuse can be reported via the USCIS tip form.

• New regulations allow denial of petitions from employers with serious labor violations.

Report H-2B Fraud

Prohibited Fees and Worker Protections

• Employers cannot charge fees or deduct wages for H-2B employment.

• Violators face mandatory denial or revocation of petitions.

• Employers may be barred from filing H-2B petitions for up to 3 years if found in violation.

H-2B Worker Rights

H-2B Visa Duration and Extensions

• Maximum initial stay: Up to 1 year (based on labor certification).

• Extensions available in 1-year increments (up to 3 years total).

• After 3 years, the worker must leave the U.S. for at least 60 days before reapplying.

Family of H-2B Workers

• Spouses and unmarried children (under 21) can apply for H-4 nonimmigrant status.

• H-4 holders cannot work in the U.S.

Employer Responsibilities: Notifications to USCIS

Employers must notify USCIS within 2 days if:

• Worker never reports for work.

• Worker abandons the job for 5+ consecutive days.

• Worker is terminated early.

• Work is completed 30+ days earlier than expected.

Special Exemptions

• Employers in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) may be exempt from proving temporary need under the FY 2018 NDAA.

USCIS Policy Manual on H-2B Exemptions

Need Help with Your H-2B Visa Application?

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Conclusion

The H-2B visa program provides a vital workforce for seasonal and temporary jobs in industries like hospitality, landscaping, seafood processing, and construction. Employers must follow strict eligibility, filing, and compliance requirements to avoid violations and ensure smooth processing.