The H-2B visa allows U.S. employers to bring foreign nationals to the United States temporarily to perform non-agricultural seasonal or peak-load work. Common industries include hospitality, landscaping, construction, and seafood processing.
✅ Who Qualifies for the H-2B Visa?
-
The work must be temporary and either seasonal, peak load, intermittent, or a one-time occurrence.
-
The employer must demonstrate that there are not enough U.S. workers able, willing, qualified, and available to do the work.
-
Workers must be coming to perform non-agricultural services or labor.
-
The worker must have no disqualifying criminal record or immigration violations.
📝 Employer Application Process
-
Employer files a temporary labor certification with the Department of Labor (DOL).
-
After certification, employer files Form I-129 with USCIS to petition for the H-2B worker.
-
Once approved, the worker applies for a visa at a U.S. consulate abroad or changes status if already in the U.S.
-
Worker enters the U.S. to perform the specified temporary job.
⏳ Duration and Extensions
-
Initial stay is up to 1 year.
-
Extensions may be granted in increments up to a maximum of 3 years.
-
After 3 years, workers must leave the U.S. for at least 3 months before reapplying.
⚠️ Important Considerations
-
The number of H-2B visas is capped annually (currently 66,000), making the process competitive.
-
Employers must comply with wage and working condition protections.
-
Workers cannot switch employers without filing a new petition.
📞 Borderless Lawyers assists both employers and workers in navigating the H-2B visa process, ensuring compliance and maximizing approval chances for seasonal non-agricultural employment in the U.S.