H-2B Visas

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

Requirements:

To qualify for the H-2B program, the employer must demonstrate that the need for labor is temporary in nature—whether it’s a one-time occurrence, seasonal need, peak-load demand, or intermittent requirement. Additionally, the employer must show that there are not enough qualified U.S. workers available and willing to perform the work.

Hiring foreign workers must also not adversely affect the wages or working conditions of similarly employed U.S. workers. In most cases, the process requires obtaining a temporary labor certification from the U.S. Department of Labor (exceptions apply).

H-2B Cap:

There is a numerical limit on the number of H-2B visas that can be issued each fiscal year. Employers can only file petitions once the cap resets at the start of the fiscal year, unless they are petitioning for workers who are exempt from the cap.

Eligible Countries:

Only nationals from countries designated by the Secretary of Homeland Security are eligible for the H-2B program, with the official list of eligible countries published annually in the Federal Register.

Duration of Stay:

The initial stay for an H-2B worker is granted for up to one year, with the possibility of extensions in increments, up to a maximum total stay of three years. After reaching the three-year limit, the worker must depart the United States and remain outside the country for at least three uninterrupted months before becoming eligible to apply for H-2B status again.

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.