H-2B Visa: Temporary Non-Agricultural Workers

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Introduction to the H-2B Visa

The H-2B visa is a nonimmigrant visa program that allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there is a shortage of available U.S. workers. It is primarily used in industries such as hospitality, landscaping, construction, seafood processing, and tourism. This program helps businesses meet seasonal or peak workload demands while ensuring employment opportunities for U.S. workers are not adversely affected.

Who is Eligible?

For Employers

To qualify for the H-2B program, an employer must:

  • Demonstrate that there are not enough U.S. workers available, willing, and qualified to perform the temporary work.
  • Prove that hiring H-2B workers will not adversely affect wages or working conditions of U.S. workers in similar positions.
  • Show that the job meets temporary need criteria, which fall into one of the following categories:
    • Seasonal Need: The job is tied to a specific season of the year and recurs annually.
    • Peak-Load Need: The employer regularly employs full-time workers but needs additional staff for peak workloads.
    • Intermittent Need: The employer occasionally requires temporary workers for positions that are not year-round.
    • One-Time Occurrence: The employer has a temporary job opening due to a unique event that is unlikely to recur.
For Employees

Foreign workers must

  • Be from an H-2B eligible country (list updated annually by U.S. DHS ).
  • Have a valid job offer from a U.S. employer.
  • Meet any specific experience or skill requirements required for the job.
  • Demonstrate intent to return to their home country after visa expiration.

H-2B Visa Requirements

Employer Responsibilities

Employers must

  • File a Temporary Labor Certification (TLC) with the Department of Labor (DOL) to confirm the labor shortage.
  • Submit Form I-129 (Petition for Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).
  • Pay prevailing wages set by the DOL to protect U.S. workers.
  • Cover transportation and housing costs for employees (if required by contract or law).
  • Ensure compliance with all federal, state, and local labor laws.
Employee Responsibilities

H-2B workers must

  • Work only for the employer who sponsored them.
  • Maintain legal visa status while in the U.S.
  • Abide by U.S. laws and employment regulations.
  • Return to their home country upon visa expiration, unless an extension is granted.

Processing Time and Length of Stay

Processing Timeline

The entire process can take 3-6 months, depending on government processing times. Key steps include:

  • Work only for the employer who sponsored them.
  • Maintain legal visa status while in the U.S.
  • Abide by U.S. laws and employment regulations.
  • Return to their home country upon visa expiration, unless an extension is granted.
Length of Stay
  • The H-2B visa is initially granted for the duration of the job offer, up to 1 year.
  • Extensions are available in 1-year increments, up to a maximum of 3 years.
  • After 3 years, the worker must leave the U.S. for at least 3 consecutive months before applying again.

Latest Changes & Considerations for Employees

Recent Policy Updates
  • Cap Increase: An additional 20,716 H-2B visas were allocated for returning workers in FY 2025.
  • Wage Compliance: DOL increased oversight to ensure fair wages for H-2B employees.
  • E-Verify Requirements: More employers must use E-Verify to confirm worker eligibility.
Key Considerations for Employees
  • Housing & Living Costs: Some employers offer housing, but workers should verify arrangements.
  • Legal Compliance: Violating visa terms can lead to deportation and future bans.
  • Health Insurance: The H-2B visa does not provide healthcare; workers should obtain private insurance.

Eligible for a Visa Candidates

Must
  • Be between 21 and 45 years old
  • Be literate
  • Be in good health
  • Have valid passport, TRN and NIS
Must Not
  • Have a criminal record
  • Have been deported by any country
  • Have been refused a visa in the last year by Canada, USA or any other country
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