US H-2B temporary non-agricultural worker visa

H-2B Season Employment Visa

The H-2B program allows U.S. companies or employees to hire a national for non-agricultural occupations temporarily. A prospective worker's employer must complete Form I-129, Petition for a Nonimmigrant Worker, on their behalf.

Who it's for

The H-2B visa is designed for foreign nationals offered a temporary, non-agricultural job by a US employer who has been unable to fill the role with US workers. It suits people willing to work abroad for a defined season or project rather than settle permanently.

• Seasonal hospitality, resort and tourism staff
• Landscaping and groundskeeping workers
• Seafood and food processing workers
• Construction and amusement/carnival workers
• Other non-farm roles with a genuinely temporary need

Eligibility requirements

Eligibility rests largely on the employer proving a temporary need and meeting labour-market tests. The worker must be coming to fill the certified position and intend to leave the US when the authorised stay ends.

One-time occurrence — A petitioner alleging a one-time occurrence must demonstrate that the event occurred:

Seasonal need - A petitioner claiming a seasonal need must demonstrate that the service or labour for which it is looking for workers is: Traditionally related to a season of the year by an event or pattern; and Recurring in nature.

Note that you cannot claim a seasonal necessity if the time period during which you do not require the service or labour is as follows:

Peak load need – A petitioner claiming a peak load need must demonstrate that it: Employs permanent workers to perform services or labor at the place of employment on a regular basis; Needs to temporarily supplement its permanent staff at the place of employment due to seasonal or short-term demand; and

The employer's regular operations will not be affected by the temporary personnel additions.

• The employer has an approved temporary labour certification from the US Department of Labor
• The employer's need is temporary, based on a one-time occurrence, seasonal, peak-load or intermittent need
• The employer has shown that qualified US workers are not available and that hiring H-2B workers will not adversely affect wages or working conditions of similar US workers
• The employer offers at least the highest of the prevailing wage or applicable federal, state or local minimum wage
• The worker intends to return home when the period of authorised stay ends

• There aren't enough capable, willing, qualified, and available employees in the United States to fill the temporary positions.
• Employing H-2B employees will have no negative impact on the pay and working conditions of similarly hired Americans.
• It has a transient requirement for the potential worker's skills or labor, regardless of whether the underlying employment is also temporary.
• The requirement for a temporary worker has arisen as a result of a permanent job arrangement that has been disrupted by a short-term event.
• Not previously hired workers to conduct the service or labour and will not require workers to do the service or labour in the future;
• Unpredictable; subject to change; or a vacation period for your permanent staff.
• Intermittent need — A petitioner claiming an intermittent need must demonstrate that it: Has not hired permanent or full-time workers to conduct the services or labor; and Occasionally or occasionally requires temporary workers to perform services or labour for short periods of time.

How to apply

The H-2B process has distinct stages and the first steps are the employer's responsibility.

Step 1: Petitioner files DOL application for temporary labor certification. Before petitioning USCIS for H-2B classification, the petitioner must get temporary labor certification for H-2B employees from the U.S. Department of Labor (or Guam DOL if the employment will be in Guam). * Visit the Foreign Labor Certification, Department of Labor and Foreign Labor Certification, Guam Department of Labor websites for further information.

Step 2: Petitioner sends USCIS Form I-129. The petitioner must submit Form I-129 with USCIS after getting an H-2B temporary labour certification from DOL or Guam DOL (if applicable). The original temporary labour certification must be submitted with Form I-129 (See the Form I-129 instructions for additional filing requirements). If the temporary labour certification application was completed in DOLs FLAG system, the petitioner must attach a printed copy of the one-page electronic "final decision" with Form I-129. A printed copy of the final decision is the authorized temporary labor certification. If a petitioner submitted the initial temporary labor certification with a prior Form I-129, send a copy and include the receipt number, if available.

Step 3: Foreign employees apply for visas and/or entrance. After USCIS approves Form I-129, prospective H-2B workers outside the U.S. must: Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the U.S. with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or Directly seek admission to the U.S. in H-2B classification with CBP at a U

• Employer requests a prevailing wage determination and obtains temporary labour certification from the Department of Labor
• Employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS
• After the petition is approved, the prospective worker abroad completes the DS-160 online nonimmigrant visa application
• The worker pays the visa fee, schedules and attends a visa interview at a US embassy or consulate, and provides biometrics
• On approval, the worker travels to the US; a CBP officer decides admission at the port of entry

Annual cap and timing

Congress caps H-2B visas at 66,000 each fiscal year, divided into two halves: 33,000 for jobs starting between 1 October and 31 March, and 33,000 for jobs starting between 1 April and 30 September. Unused numbers from the first half can carry into the second half of the same fiscal year.

Because demand often exceeds the cap, USCIS and DHS have in recent years released additional supplemental visas for some fiscal years. Availability changes annually, so applicants and employers should check the current USCIS cap-count pages before relying on a start date.

Duration, extensions and family

An H-2B classification is generally granted for the period of the approved temporary labour certification. It can be extended in increments of up to one year each, with a fresh valid labour certification for each extension, up to a maximum of three years.

After holding H-2B status for a total of three years, a worker must leave the US and remain outside the country for an uninterrupted period of at least 60 days before seeking readmission in the category. Spouses and unmarried children under 21 may apply for H-4 status to accompany the worker, but H-4 dependants are not permitted to work on that status.

Family of H-2B Workers

The spouse and unmarried children under the age of 21 of any H-2B worker may apply for H-4 nonimmigrant status. While in H-4 status, family members are not eligible for work in the United States.

The visas are split into two halves:

The total number of noncitizens who may be issued an H-2B visa or otherwise granted H-2B status within a fiscal year is subject to a statutory numerical limit, or "cap." The H-2B cap is currently set at 66,000 every fiscal year, with 33,000 for workers who start work in the first half of the fiscal year (October 1 - March 31) and 33,000 for employees who start work in the second half of the fiscal year (April 1 - September 30). (April 1 - September 30). Employers wanting to hire H-2B employees in the second half of the fiscal year will be able to use any unused numbers from the first half of the fiscal year. Unused H-2B numbers, on the other hand, do not carry over from one fiscal year to the next.

Once the H-2B cap has been reached, USCIS may only accept applications for H-2B workers who are not subject to the cap. See the Cap Count for H-2B Nonimmigrants Web page for more information on the current H-2B cap and workers who are exempt from it.

• 33,000 for people starting jobs in the first half of the fiscal year (Oct 1 – Mar 31)
• 33,000 for people starting jobs in the second half (April 1 – Sept 30)

H-2B Visa Period of Stay

In general, the USCIS may issue H-2B status for the time period specified on the temporary labour certification. For eligible employment, H-2B classification may be extended in one-year increments. Each request for an extension must be accompanied by a new, valid temporary labour certification covering the requested time. The H-2B classification allows for a maximum stay of three years.

Before applying for readmission as an H-2B nonimmigrant, a person who has held H-2B nonimmigrant status for a total of three years must leave the United States and stay outside the country for three months in a row. Time spent in other H or L classifications is also counted toward total H-2B time.

Exception: Time spent outside of the United States may "interrupt" an H-2B workers approved stay and not count toward the 3-year limit.

H-2B Visa Processing Time

Processing times for H-2B visa petitions may range anywhere from four to six months, as a result of the high volume of applications received. Even while it may seem like a long period, this is really on par with the processing timelines for many other types of US work visas. Within sixty to one hundred and twenty days of the day that you are scheduled to begin working for the company, your employer must submit the necessary petitions. This allows for the application to be reviewed and handled without rushing the process.

As a result of the amount of time that is required to complete the procedure, it is recommended that you start your search at least a few months before you want to relocate to the United States. Before you can even begin the process of obtaining a visa, you will need to find a sponsor and ensure that you satisfy all of their criteria.

For detailed information on specific parts of the USA visa process, you can refer to the links to the right to find the answer to your query. If you are unable to find any particular information, please contact us via email.