H-2B
H-2B covers temporary nonagricultural work. The employer’s need may be seasonal, peakload, intermittent or a one-time occurrence. The documented temporary need guides the classification.
What to consider
The employer must complete the applicable labor certification stage and file the petition. Documentation addresses the shortage of available US workers and protection of wages and working conditions. Caps, timing and current rules must be considered in planning.
The employer’s role
The process requires a U.S. employer: first, it applies for temporary labor certification from the Department of Labor (DOL), or the competent Guam authority where applicable; it then files a petition with USCIS. It must demonstrate a shortage of able, available and qualified U.S. workers, conduct the required recruitment and protect wages and working conditions for workers in comparable positions.
One-time occurrence
An employer may show that it has not needed these workers in the past and will not need them in the future. A permanent employment situation may also involve a short-term temporary event requiring additional staff. The key is to establish the exceptional nature of the need.
Seasonal need
The work must traditionally relate to a season, event or recurring pattern. The employer must identify the period when the services are not needed. Unpredictable or changing demand, or merely covering permanent employees’ vacations, does not by itself establish seasonal need.
Peakload need
The business already has permanent employees but temporarily needs additional staff for seasonal or short-term demand. The additional workers must not become a regular part of its permanent operations.
Intermittent need
The employer does not maintain permanent or full-time staff for this service and needs workers only occasionally, for short periods. This differs from ongoing demand or a permanent position.
Industries and duration of need
Hospitality, tourism, resorts, landscaping, construction and maintenance may use H-2B when the nonagricultural need is genuinely temporary. The occupation alone does not establish eligibility. Under general DOL rules, the need lasts up to nine months; a one-time occurrence may justify up to three years. This period of need should not be confused with visa validity or an individual’s period of admission.
Stay and annual cap
The authorized period follows the applicable petition and certification. Extensions depend on compliance with the rules, with a general maximum of three years in H-2B status. The regular annual cap is 66,000, divided between the two halves of the fiscal year. Exemptions and any supplemental allocations follow separate rules; a job offer does not guarantee a cap number, visa or admission.
Family during temporary employment
A spouse and unmarried children under 21 may apply for H-4 classification to accompany the worker, subject to the applicable requirements. This option does not depend on the employer’s choice or the worker’s position. H-4 status as an H-2B dependent does not authorize employment in the United States.
How we can help
01 · Understand
Your history and goals guide the initial assessment and identification of relevant issues.
02 · Organize
The team identifies the information and evidence needed and explains the scope of the proposed work.
03 · Follow through
You receive guidance on the stages of our services and next steps, according to the agreed scope.
Frequently asked questions
What is the difference between H-2A and H-2B?
H-2A is for temporary or seasonal agricultural work. H-2B covers temporary nonagricultural work, with its own rules and limits.
What is the H-2B visa?
It is a classification for temporary nonagricultural work in the United States, based on an employer’s temporary need and compliance with labor and immigration procedures.
Which temporary needs may qualify?
A one-time occurrence, seasonal need, peakload need or intermittent need. Each requires specific evidence; the activity itself may be permanent if the employer’s need is temporary.
Do I need an employer to apply for H-2B?
Yes. The employer handles labor certification and the petition, demonstrates temporary need and insufficient available U.S. workers, and complies with applicable recruitment and wage rules.
How long can I stay with H-2B?
The period depends on the certified need and the authorization granted. General DOL need is limited to nine months, with an exception for a one-time occurrence. Extensions may be possible, subject to the general three-year maximum stay in H-2B status.
Which industries commonly use H-2B?
Examples include hospitality, tourism, resorts, landscaping, construction and maintenance. Employment must be nonagricultural and meet a documented temporary need.
Is there an annual H-2B cap?
Yes. The regular cap is 66,000 per fiscal year, split into two halves. Some cases are exempt, and supplemental allocations, when authorized, have their own conditions. The filing schedule must be checked before applying.
Can I bring my family with H-2B?
A spouse and unmarried children under 21 may apply for H-4. Dependents must meet the requirements and do not receive employment authorization through their relationship to an H-2B worker.
Do I need to send documents when I first get in touch?
The team will explain which information is needed and the appropriate channel for sending private documents.
Can approval or a timeline be guaranteed?
No. Government decisions and processing times depend on the authorities and the circumstances of each case.
Information in context
Informational content. Eligibility, documentation and strategy depend on individual assessment and the rules applicable to the case.
Official reference ↗