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H-2B Visa: Temporary Jobs in the US

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H2-B Visa

The H-2B is a temporary nonimmigrant visa for non-agricultural employment. It allows U.S. employers who meet certain legal requirements to bring foreign workers to the United States without immigration authorization to fill temporary non-agricultural jobs. Before applying for an H-2B classification with U.S. Citizenship and Immigration Services (USCIS), the employer must apply for and obtain a temporary labor certification for H-2B workers from the U.S. Department of Labor (DOL) (or Guam DOL, if the employment is in Guam).

To obtain a temporary H-2B labor certification, the employer must demonstrate that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to perform temporary work.
  • The hiring of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • The need for the potential worker's services or labor is temporary, regardless of whether the underlying activity qualifies as temporary.
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Except for a one-time need that may last up to three (3) years, a temporary need will not be approved for more than 10 months.

An employer’s need is considered temporary if it is:

  • One-time need: An employer claiming a one-time need must demonstrate that they have not employed workers to perform the service or work in the past and will not need workers to perform the service or work in the future. Otherwise, the employment is permanent, but a temporary, short-term event created the need for a temporary worker.
  • Seasonal Need: An employer claiming a seasonal need must demonstrate that the service or work for which it is seeking workers is seasonal, traditionally tied to a season by an event or pattern; and is recurring in nature.

Note:
Employment is not seasonal if the period during which the service or labor is required is unpredictable. This period is subject to change or considered vacation time for the employer’s permanent employees.
The employer must also specify the period(s) during the year when the service or labor is not required. Peak Demand

An employer claiming peak demand must demonstrate that:

  • Regularly employs permanent workers to provide services or work at the workplace;
  • You need to temporarily increase your permanent staff at your workplace due to seasonal or short-term demand;
  • The temporary increase in staff will not be part of the employer's regular operations.
  • Intermittent Demand – An employer claiming intermittent demand must demonstrate this.
  • Did not employ permanent or full-time employees to perform the services or work, but occasionally or intermittently required temporary employees to perform the services or work for short periods of time.

The H-2B Visa is a U.S. non-immigrant visa for foreign nationals to perform temporary non-agricultural labor or services in the United States when a U.S. employer has a temporary need and there aren’t enough U.S. workers available.

Eligible employment must satisfy one of the following: a one-time occurrence, seasonal need, peak-load need, or intermittent need. The job must be non-agricultural.

An employer must (1) demonstrate that there are not sufficient U.S. workers who are able, willing, qualified and available to perform the work, and (2) show that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The applicant must have a job offer from a U.S. employer for temporary non-agricultural work, meet the employer’s stated criteria for the role, and be from a country eligible under the program. Also, they must intend to return home after completion of the authorized stay.

The H-2B Visa is typically granted for the period of the approved employment up to one year, and may be extended in increments (often up to a total of three years) depending on circumstances.

Yes, spouses and unmarried children under 21 may accompany an H-2B worker under dependent status (often H-4), but they generally cannot work in the U.S. under that dependent status.

Yes, there is a statutory cap of 66,000 H-2B Visas per fiscal year.