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H-2A vs H-2B

Both are temporary visas for jobs that do not require a degree, and both require the employer to first obtain a Department of Labor certification. The difference is the sector: the H-2A covers agricultural work only and has no cap; the H-2B covers other sectors, such as hospitality or construction, and has an annual cap that runs out.

These two categories differ on 4 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    H-2A Temporary or seasonal agricultural work

    H-2B Temporary non-agricultural work

  • Needs a sponsor

    H-2A Yes, an agricultural employer

    H-2B Yes, an employer

  • Annual cap

    H-2A No cap

    H-2B 66,000, in two halves of 33,000

  • Lottery

    H-2A None

    H-2B No, but the cap runs out

Full comparison

CriterionH-2A H-2A visaH-2B H-2B visa
What it is for The activity the category authorises. Temporary or seasonal agricultural work Temporary non-agricultural work
Needs a sponsor Whether someone else has to petition for you. Yes, an agricultural employer Yes, an employer
Annual cap How many are issued per fiscal year. No cap 66,000, in two halves of 33,000
Lottery Whether access depends on a random selection. None No, but the cap runs out
Prior USCIS petition Whether a form must be approved before the consulate. Yes, DOL certification then I-129 Yes, DOL certification then I-129
Duration Initial term and cumulative ceiling. Up to 1 year, 3 cumulative Up to 1 year, 3 cumulative
Dual intent Whether you can pursue residence without risking the status. Not allowed Not allowed
Spouse may work Whether your partner is authorised to work. H-4, no work permit H-4, no work permit
Path to residence Whether it leads to a green card or is one already. It does not lead there It does not lead there
Chile's position What being Chilean changes. A DHS country list renewed annually A DHS country list renewed annually

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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