Non-Immigrant Work Visa

H-2B Temporary Non-Agricultural Workers

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker's behalf.

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01

Eligibility Requirements

02

Regulatory Criteria

One-Time Occurrence Need

A petitioner claiming a one-time occurrence must show that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.

Examples
  • An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker
  • Has not employed workers to perform the service or labor in the past
  • Will not need workers to perform the services or labor in the future

Seasonal Need

A petitioner claiming a seasonal need must show that the service or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature.

Examples
  • Service or labor is traditionally tied to a season of the year by an event or pattern
  • The need is of a recurring nature
  • Cannot claim seasonal need if the time period when you do NOT need the service or labor is unpredictable, subject to change, or considered a vacation period for permanent employees

Peak Load Need

A petitioner claiming a peak load need must show that it regularly employs permanent workers and needs to temporarily supplement its permanent staff due to a seasonal or short-term demand.

Examples
  • Regularly employs permanent workers to perform the services or labor at the place of employment
  • Needs to temporarily supplement permanent staff due to a seasonal or short-term demand
  • The temporary additions to staff will not become part of the employer's regular operation

Intermittent Need

A petitioner claiming an intermittent need must show that it has not employed permanent or full-time workers to perform the services and occasionally needs temporary workers for short periods.

Examples
  • Has not employed permanent or full-time workers to perform the services or labor
  • Occasionally or intermittently needs temporary workers to perform services or labor for short periods

H-2B Cap and Limitations

There is a statutory numerical limit on the total number of aliens who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year.

Examples
  • 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31)
  • 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30)
  • Unused numbers from the first half of the fiscal year are available for employers seeking to hire H-2B workers during the second half
  • Some workers are exempt from the H-2B cap

Period of Stay

USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. The maximum period of stay in H-2B classification is 3 years.

Examples
  • H-2B classification may be extended for qualifying employment in increments of up to 1 year each
  • A new, valid temporary labor certification must accompany each extension request
  • Maximum period of stay is 3 years
  • After 3 years, must depart and remain outside the U.S. for at least 60 days before seeking readmission
  • Previous time spent in other H or L classifications counts toward total H-2B time

Prohibition on Fee Collection

As a condition of approval, no job placement fee, fee for breach of contract, or other fee related to H-2B employment may be collected from a beneficiary.

Examples
  • No job placement fees from workers
  • No fee or penalty for breach of contract
  • No deduction or withholding of wages related to prohibited fees
  • Passing a cost to the beneficiary that is the responsibility of the petitioner constitutes a prohibited fee
  • USCIS will deny or revoke petitions if prohibited fees are collected
03

Application Process

Labor Certification

Petitioner submits temporary labor certification application to DOL.

DOL Approval

Receive temporary labor certification from DOL (or Guam DOL if applicable).

File I-129

Petitioner files Form I-129 with USCIS with original labor certification.

USCIS Approval

USCIS reviews and approves Form I-129 petition.

Apply for Visa

Workers outside U.S. apply for H-2B visa at U.S. Embassy or Consulate.

Seek Admission

Seek admission to the United States with CBP at a U.S. port of entry.

04

Key Benefits

Allows temporary employment in the United States for nonagricultural work
Classification may be extended in increments of up to 1 year each
Maximum period of stay is 3 years
An absence of at least 60 days resets the 3-year limit
Spouse and unmarried children under 21 may apply for H-4 classification
05

Documents Needed

06

Frequently Asked Questions

What is the H-2B cap?
Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half (April 1 - September 30). Some workers are exempt from the cap.
How long can I stay in the United States on H-2B status?
The maximum period of stay in H-2B classification is 3 years. After 3 years, you must depart and remain outside the United States for an uninterrupted period of at least 60 days before seeking readmission as an H-2B nonimmigrant.
Can I reset the 3-year limit?
Yes. An absence from the United States for an uninterrupted period of at least 60 days at any time will result in the H-2B worker becoming eligible for a new 3-year maximum period of stay. Brief trips to the U.S. for business or pleasure during this time do not count toward fulfillment of the 60-day requirement.
Can my employer charge me recruitment fees?
No. As a condition of approval, no job placement fee, fee for breach of contract, or other fee related to H-2B employment may be collected from workers. USCIS will deny or revoke petitions if prohibited fees are collected.
What is the difference between H-2A and H-2B?
H-2A is for temporary agricultural workers, while H-2B is for temporary non-agricultural workers. Both require the employer to demonstrate a temporary need and obtain labor certification from the Department of Labor.
Can my family accompany me?
Yes. Your spouse and unmarried children under 21 may apply for H-4 classification to accompany you to the United States. H-4 dependents are not authorized to work in the United States.
07

Fees

Attorney Fee for TLC$650
USCIS ETA-9142B$100 (base); $10/worker
Attorney Fee for I-129$2,450 (Initial $1,450; $500/month)
Each Beneficiary$575
USCIS I-129 for named$1,080/$540
USCIS I-129 for unnamed$580/$460
Fraud Prevention Fee$150
Premium Processing$1,685

Fees are estimates and may change. Contact us for a quote for your specific case.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.