US Temporary Work Visas: How H-1B, H-2A and H-2B Work

The US temporary work visas — H-1B, H-2A and H-2B — all share one key rule: each begins with an employer (a company). A worker cannot apply for these visas on their own. First the US employer files Form I-129 (petition for a nonimmigrant worker) with USCIS; only then does the worker move on to obtain the consular visa.

The general process, step by step

The process is similar for all three categories: (1) the worker receives a genuine job offer from a US employer; (2) for H-2A and H-2B the employer first obtains a Temporary Labor Certification from the Department of Labor (DOL), and for H-1B a certified Labor Condition Application (LCA); (3) the employer files Form I-129 with USCIS and, once approved, receives a Form I-797 notice; (4) the worker completes Form DS-160 and attends a consular interview at a US embassy — for Uzbek nationals, the US Embassy in Tashkent.

H-1B — the visa for highly skilled professionals

H-1B is for a "specialty occupation" — a job requiring highly specialized knowledge. It normally requires a US bachelor's degree or higher (or a foreign equivalent) in a related field. The employer files Form I-129; the worker cannot self-petition.

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H-1B has an annual cap: 65,000 regular slots, plus an additional 20,000 for holders of a US master's or higher degree. Because demand exceeds the slots, employers first register beneficiaries electronically and USCIS runs a selection (lottery). The visa is initially granted for up to 3 years and may be extended to a total of 6 years. A spouse and children under 21 receive H-4 status.

H-2A — seasonal agricultural workers

H-2A lets US employers bring in foreign workers for temporary or seasonal agricultural work. The employer must first obtain a Temporary Labor Certification from DOL. There is no annual numerical cap in this category. Status is tied to the labor certification and runs to a maximum of 3 years in total; after that the worker must leave the US for at least 60 days before being readmitted.

H-2B — temporary non-agricultural workers

H-2B is for temporary non-agricultural jobs (for example landscaping, hospitality and food service, seafood processing). The employer obtains the DOL certification and files Form I-129. The statutory annual cap is 66,000, split evenly between the two halves of the fiscal year (33,000 + 33,000). In some years DHS and DOL add supplemental visas: for fiscal year 2026 up to 64,716 additional slots were announced, a large share reserved for "returning workers" who previously held H-2B. Status lasts a maximum of 3 years; then at least 60 days outside the US are required.

An important change for Uzbekistan

As of January 17, 2025, DHS regulations no longer require an H-2A/H-2B worker to be a national of a country on an "eligible countries list." Uzbekistan was not previously on that list; now that the list requirement has been eliminated, Uzbek nationals are — provided the employer petition and other conditions are met — generally eligible for H-2A and H-2B. For H-1B, nationality is irrelevant; the gating factors are the cap/selection and employer sponsorship.

Beware of fraud

No US work visa can be "bought" — it requires a genuine employer petition and a USCIS decision. Under DOL rules (Fact Sheet #78D), in the H-2B program the employer, its attorneys, agents or recruiters are prohibited from collecting recruitment, application, attorney or DHS petition fees from the worker — those costs are the employer's responsibility. Similar protections apply to H-2A. A recruiter demanding a large upfront payment for a "guaranteed" US work visa is acting contrary to DOL rules — a clear sign of a scam.

How to verify

Get official information only from .gov sites: uscis.gov for USCIS, dol.gov for the labor certification, travel.state.gov for the consular visa process. Confirm that the employer has actually filed a petition (I-129/I-797). Do not trust calls claiming to be from USCIS or an embassy and demanding immediate payment or personal data.

Note: this article provides general information and is not legal advice. For your specific case, consult a licensed immigration attorney or an officially accredited representative.