H-2B Visas

Allows U.S. employers to bring foreign workers for temporary or seasonal non-agricultural jobs.

Requirements:

• Employer must demonstrate that the need for labor is temporary (one-time, seasonal, peak-load, or intermittent).
• Employer must show there are not enough U.S. workers available.
• Must not negatively affect wages or conditions for U.S. workers.
• Requires a temporary labor certification from the U.S. Department of Labor (exceptions apply).

H-2B Cap:

• There is a numerical limit on H-2B visas issued each fiscal year.
• Petitions can only be filed once the cap resets or for workers exempt from the cap.

Eligible Countries:

• Only nationals from countries designated by the Secretary of Homeland Security are eligible, with a list published annually.

Duration of Stay:

• Initial stay is up to 1 year, extendable for up to a maximum of 3 years.
• After 3 years, the worker must leave the U.S. for at least 3 uninterrupted months before reapplying.

Family of H-2B Workers:

• Spouse and unmarried children (under 21) can apply for H-4 Dependent visas.
• H-4 Visa holders are not permitted to work in the U.S. under this classification.