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