H-2B Visa for Canadians: How to Apply With an Immigration Lawyer

The U.S. employer must establish that the job opportunity is temporary and meets the H-2B program requirements. They must also complete the required recruitment process to show that:

• There are not enough qualified and available U.S. workers for the position
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers

Usually, an H-2B petition may be raised in the following circumsances:

One-time occurrence

• The job is a one-off and won’t be repeated
• The company have not previously employed foreign workers to perform the job
• The company will not require foreign workers to handle the job in the future

Seasonal employment

• The job is traditionally connected to a particular season of the year, either as a pattern or recurring events
• They are not claiming a seasonal need for a time that is unpredictable or subject to change
• They are not for claiming a seasonal need for vacation time for the regular full-time employees

Peak load need

• They have permanent employees in place regularly, and cannot meet demand due to a busier season
• They need to temporarily hire foreigners to supplement the permanent staff due to seasonal or short-term demand during a busier season
• The temporary employment will not become a regular and recurring role for the visa holder

Intermittent need

• They need temporary workers occasionally to achieve the job
• They have not employed permanent employees to handle the job

U.S. employers must file their H-2B petitions early, as there is a statutory cap of 66,000 visas per year, divided in two intake seasons:

Missing this cap does not put you on a waitlist either. You will need to re-apply again when the next batch of H-2B visas are made available. Unused visas can roll over to the next season, but not the next fiscal year.

For example, if only 30,000 visas were issued for the October to March period, then there will be 36,000 visas available for the April to September season. If there are still 5000 unused visas at the end of the fiscal year, however, these do not get rolled over. The next fiscal year’s total H-2B visa cap remains at 66,000.

Supplemental Allocation

While the 33,000 cap per season is set, the government may issue supplemental allocations on a year-by-year basis.

In 2026, the DHS and the Department of Labor added a supplemental allocation of up to 64,716 additional visas, on top of the 66,000 statutory cap. Of these, 46,226 supplemental visas were limited to returning workers who held an H-2B visa within the last three fiscal years.

Workers Exempt from the Cap

Workers who are extending their stay, changing employers, or changing the terms and conditions of their employment are not usually subject to the H-2B visa cap.

Similarly, some roles eligible for H-2B visa sponsorship by US employers may be exempt. These exempt roles change over time based on need. For example, in 2026 workers in the following roles are exempt from the cap:

• Fish roe processors and technicians
• Supervisors of fish roe processing
• Workers performing labor or services in the Commonwealth of the Northern Mariana Islands or Guam (until December 31, 2029).

H-2B jobs can include seasonal, peak-load, intermittent or one-time employment in industries such as hospitality, landscaping, construction, forestry and recreation.

The main stipulation is that the work itself is temporary and that there aren’t enough qualified US workers available or interested in the role.

Employers usually offer seasonal jobs in the USA for Canadians in the following industries:

Not every employer will be able to sponsor H-2B visas and not every role in the abovementioned industries is going to be available on the H-2B visa.

Employers are responsible for all the costs associated with the temporary US work visa for Canadians.

How much the employer pays depends on whether they need a general workforce (unnamed workers) or a specific workforce (named workers), and whether they are a non-profit, a small business, or a regular petitioner.

Fees When Filing an H-2B Petition with Named Workers (Up to 25 Beneficiaries per Petition)

Employers must name any worker currently in the United States and are working for a different employer. In this situation, the employer fees include:

Fees When Filing an H-2B Petition with Unnamed Workers

If hiring Canadian workers currently outside the US, employers can file an unnamed workers’ petition. The fees for this petition depend on the employer size and classification.

Employers may also need to pay two additional fees. If you are hiring new workers rather than extending a current worker’s H-2B visa, you’ll need to pay the Fraud Prevention and Detection Fee and the Asylum Program fee.

Transportation and Subsidiary Fees

Once a worker completes 50% of their initial period of employment, the employer will also be liable for workers’ travel and living costs. These costs include inbound and outbound transportation costs and subsistence (meals and lodging).

Employers may cover these costs in advance, or as a reimbursement once the worker completes the 50% requirement.

The DOL sorts H-2B applications for labor certification using a randomized lottery into groups A to G for applications received within the first three days of the application window opening.

If successful, employers can then proceed to file Form I-129 with the USCIS, which, if demand exceeds available visas, may also be processed via lottery.

Approximately 80% of H-2B petitions are processed within four months. This includes new petitions, extension petitions and renewal petitions. This timeline is updated periodically, so always check the USCIS site for the latest processing timeline.

Premium Processing Time

You also have the right to choose premium processing by filing Form I-907 to USCIS, which expedites the H-2B petition process. With premium processing, your petition will be processed within 15 business days.

It is important to note that premium processing does not guarantee your petition will be approved. It just guarantees your petition will be prioritized. At the end of the 15 days your petition may be approved, denied, or receive a request for more evidence.

If your petition is not processed within this time, then your fee of $1,685 will be refunded to you, and the petition will continue to be processed.

Extension Processing Time

If your employer petitions to extend a worker’s H-2B visa in a timely manner, then the worker in question can continue their work for up to 240 days after their original H-2B petition expires. This buffer period allows the extension to be processed.

If the petition is unsuccessful, however, then the worker’s H-2B visa will be automatically terminated and you will need to arrange for their transportation back to Canada.

Once the USCIS has approved the employer’s petition, the foreign worker can apply for an H-2B Visa at the relevant US consulate in their country of residence.

Canadians technically only need an H-2B petition as they do not need a visa to enter the US. If you are a resident in Canada and a citizen of a country that needs a visa to visit the US, however, then you will need an H-2B visa.

Here’s how to come to the US to work on a temporary, non-agricultural job from Canada if you are a Canadian citizen:

• Apply for a H-2B qualifying job offering temporary or seasonal jobs in the USA for Canadians and get hired
• Wait for your employer to file Form I-129 to USCIS. If the petition is successful, you will be issued an I-797, Notice of Action approval
• Bring the approval notice, a letter from your employer, and proof of your job offer to the U.S. Customs and Border Protection (CBP) and request an H-2B admission

If you are a resident in Canada, you will need to submit a completed online non-immigrant visa application (Form DS-160), a completed Form DS-157 (if you are a male aged 16-45), and other supporting documents at the relevant US consulate in Canada to apply for a H-2B visa.

H-2B visas for Canadian citizens are issued on a job-by-job basis, and the length they last for is determined by the employer’s Temporary Labor Certification (TLC).

Initial Stay

Before employers can begin the hiring process, they will first need to get a Temporary Labor Certification (TLC). This certification will include a period of validity, usually 9 months or less, unless it’s for a one-time occurrence. As a result, the initial H-2B visa sponsorship by US employers can last for as long as the TLC stipulates.

Extensions

In some cases, the job may require more time. In this case, the employer will need to apply for and receive a new TLC. With this certificate, employers can then apply for an extension to the temporary US work visa for Canadians in increments of up to one year each, up to three years in total.

Resetting the H-2B Visa

Canadian workers can reset the H-2B three-year limit. To do so, you may return to Canada (or travel outside of the United States) for at least 60 uninterrupted days. Once those 60 days are up, you can start applying for new seasonal jobs in the USA.

You should always keep records of your arrivals and departures from the US (as well as other documents, such as tax returns or records of employment outside of the US). Doing so will make it easier to prove you’ve met the 60-day requirement when re-applying for an H-2B visa in the future.

Yes, you can bring your spouse and any unmarried children under 21 with you under the H-4 nonimmigrant classification.

If they are also Canadian citizens, then they do not need a visa to enter the US, and can instead seek H-4 admission at the port of entry so long as they meet eligibility conditions.

Your spouse and children can apply for the H-4 at the same time as you apply for your H-2B visa. This may even increase the chance that you all receive permission to stay in the US for the duration of your H-2B visa at the same time. If you delay, your family may need to join you later on.

Once your spouse and/or children have the H-4 visa, they may:

• Live with you in the US
• Study at an American educational institution

Note that your spouse cannot work in the United States while in H-4 status.

Their H-4 visa lasts as long as your initial H-2B visa. If you and your employer extend your H-2B visa, or you apply for other seasonal jobs in the USA while still in the country, your family will need to apply for an H-4 extension before the H-4 visa expires.

How to File for the H-4 Visa

You will need to fill in and file the Form I-539 form before your family’s current authorized stay expires. As processing times can be long, USCIS recommends filing at least 45 days before the H-4 expires or as soon as you know your H-2B visa is being extended.

If your family cannot file on time, they will have to return to Canada before their H-4 visa expires and then apply for a new H-4 visa from there. Failure to do so may result in your dependents becoming “out of status” which may make it difficult for them to return to the US in the future.

Ensuring that you get the forms and application correct the first time is critical to keeping your family together.

If you’re worried about your application or extension, contact our team of professionals using our online form or by calling us at +1 844 312 4979. We’re here to provide the guidance and assistance you and your family need for a smooth immigration process.