H2-B  Temporary workers/generally for seasonal employment spikes

The H-2B program is for Employers that need temporary (nonagricultural) workers, generally due to seasonal spikes in employment or for jobs where employers can prove a shortage of qualified U.S. workers.

H2-B visa requirements include the following:

  • Employer must meet specific regulatory requirements
  • Employer must establish need for workers as temporary under the following categories: One-time occurrence, Seasonal need, or Intermittent nee
  • Employee must be from H-2B approved countries

Process for H-2B Visa

  • Employer submits and receives a temporary labor certification application to the U.S. Department of Labor
  • Employer files Form I-129, Petition for Nonimmigrant Worker on behalf of their worker/s to USCIS
  • After USCIS approves Form I-129, prospective workers outside the U.S. apply for an H-2B visa at a U.S. Embassy or Consulate and seek admission to U.S.

Cap/Quotas for H-2B Visa

  • There is currently a 66,000 per fiscal year cap or quota on available new H-2B petition filings
  • H-2B workers identified as “returning workers” are exempt from the cap

Period of Stay for H-2B Visa

  • USCIS may grant H-2B classification for period of time authorized on temporary labor certification
  • H-2B classification may be extended in 1-year increments for qualifying employment
  • Maximum period of stay is 3 years

Family of H-2B Workers

  • H-2B worker’s spouse and unmarried children (under age of 21) are eligible to seek admission via an H-4 Visa
  • Family members with H-4 Visas are not eligible for employment in the U.S.

Approved Countries for H-2B Visa

The list of currently approved countries can be found at the USCIS website:

www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

 

How Schunk Law Can Help

Schunk Law can help with all aspects of the H-2B application and filing process and ongoing compliance issues.

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