H-2B Nonimmigrant/ Seasonal Worker Visa

The H-2B visa is for short-term or seasonal workers in non-agricultural positions, such as landscape, cleaning, construction, hotel, and restaurant workers.

– Requirements

1. The H-2B job and the employer’s need is one time, seasonal, peak load, or intermittent.
2. The H-2B job is for no more than 10 months (if seasonal or peak load).
3. There are no qualified and willing US workers available for the job.
4. The employer will pay the prevailing wage for the position, which can be found at the Online Wage Library.

– Period of Stay

Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification.   H-2B classification may be extended for qualifying employment in increments of up to 1 year each.   A new, valid temporary labor certification covering the requested time must accompany each extension request.  The maximum period of stay in H-2B classification is 3 years.

– Visa Filing Process

Step 1: Petitioner, the prospective employer, submits temporary labor certification application to the US Department of Labor (DOL).  The recruitment tests the labor market to see if there are any qualified US workers interested in the position. Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).

Note:  If you are petitioning for one or more Canadian musicians that will be employed within a 50 mile radius from the U.S.-Canadian border for 30 days or less, you may skip Step 1 in the H-2B process.

Step 2: Petitioner submits Form I-129 to USCIS.  The petition includes the labor certification and evidence justifying the temporary need for the worker(s).
After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification with Form I-129.  Premium processing is available to guarantee a decision in two weeks (unless there is a request for additional evidence). Premium processing costs $1225.

Any H-2B workers already in the United States in valid nonimmigrant status may be able to change status in the United States through the I-129 H-2B petition. In most cases, these workers will not need to return home for a visa.

Step 3: Prospective workers (H-2B workers) outside the United States apply for visa and/or admission.  After USCIS approved  Form I-129, prospective H-2B workers who are outside the United States must:

1. Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
2. Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry in cases where an H-2B visa is not required.
   Note: In addition to qualifying for the H-2B visa, the Consulate needs to see that each applicant has ties to the country so that he or she will return home after their work period ends.
3. Upon entry, the H-2B worker will be given a stay that ends when the need for the worker ends, as stated in the nonimmigrant visa petition. The worker may come to the United States 10 days before the authorized work period and stay 10 days later.
4. If the H-2B worker is terminated early, the employer is liable for paying reasonable transportation costs home.

– Family of H-2B Workers

Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.
Note: Effective Jan. 18, 2017, nationals from the following countries are eligible to participate in the H-2B program:

•  Andorra
•  Argentina
•  Australia
•  Austria
•  Barbados
•  Belgium
•  Belize
•  Brazil
•  Brunei
•  Ethiopia
•  Fiji
•  Finland
•  France
•  Germany
•  Greece
•  Grenada
•  Guatemala
•  Haiti
•  Luxembourg
•  Macedonia
•  Madagascar
•  Malta
•  Mexico
•  Monaco
•  Montenegro
•  Nauru
•  The Netherlands
•  Serbia
•  Singapore
•  Slovakia
•  Slovenia
•  Solomon Islands