Requirements

H-2B Visa Requirements

The H-2B visa permits U.S. employers to hire foreign workers for temporary, non-agricultural jobs such as those in hospitality, landscaping, construction, or seafood processing[5]. The employment must be temporary (generally less than 9 months, except for certain one-time occurrences) and full-time (at least 35 hours per week)[2].

Basic Eligibility Requirements for Employers:

  • The employer must be a bona fide U.S. entity with a valid Federal Employer Identification Number (FEIN), physically located in the U.S., and able to be contacted regarding employment[2].
  • The job must be non-agricultural, temporary or seasonal, and require full-time employment[2].
  • The employer must demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to perform the work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers[6].
  • Only citizens of countries on the annual H-2B eligible countries list are routinely approved, unless a case-specific exception is granted[5].

Types of Temporary Need

  • One-time Occurrence: An employment situation caused by a short-term event, generally lasting up to three years[7].
  • Seasonal Need: Need is tied to a season of the year or recurring pattern[7].
  • Peakload Need: Employer supplements its permanent staff temporarily due to short-term or seasonal demand[7].
  • Intermittent Need: Employer occasionally or intermittently needs temporary workers, having no permanent workers for that role[7].

Application Process (Summarized):

  • Obtain a prevailing wage determination from the Department of Labor[2].
  • File Form ETA-9142B (Application for Temporary Employment Certification) with the U.S. Department of Labor[1].
  • Recruit U.S. workers, including advertising and interviewing as directed[2].
  • If approved, file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS[1].
  • Foreign worker files a visa application (Form DS-160) and attends an interview at a U.S. consulate[1].
  • Upon approval, workers travel to the U.S. and present their documents at a port of entry[1].

Additional Considerations: There is an annual cap of 66,000 H-2B visas, split between October–March and April–September hiring seasons, with several country-specific and returning worker allocations applying each fiscal year[3][7].

References

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