H-2B Visa

The H-2B visa allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural positions when qualified U.S. workers are not available and when the employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

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H-2B Visa: Temporary Seasonal Non-Agricultural Workers

It is widely used in industries with strong seasonal demand cycles, including hospitality, landscaping, amusement parks, ski resorts, seafood processing, and construction.
H-2B Visa: Temporary Seasonal Non-Agricultural Workers

Types of Need Qualifying for H-2B

  • Seasonal Need

    Work tied to a season of the year by an event or pattern, such as summer tourism or winter resort operations.

  • Peak Load Need

    When the employer's regular workforce cannot handle a temporarily increased workload, and the temporary workers are not needed for the entire year.

  • Intermittent Need

    For employers who do not have permanent or full-time need for the worker's services.

  • One-Time Occurrence

    An unusual, infrequent event creating a temporary need unlikely to recur.

The H-2B Certification Process

Before petitioning USCIS, the employer must obtain a temporary labour certification from the U.S. Department of Labor. This involves filing a job order, demonstrating a genuine temporary need, conducting required recruitment to identify available U.S. workers, and certifying compliance with applicable wage and working conditions requirements.

Annual Cap and Returning Workers

The H-2B programme is subject to an annual cap of 66,000 visas — 33,000 for workers starting employment in the first half of the fiscal year and 33,000 for the second half. Demand regularly exceeds the cap. Congress has in some recent years authorised additional H-2B numbers, and returning workers (those who held H-2B status in one of the three prior fiscal years) may be exempt from the cap under certain circumstances.

Duration and Compliance

H-2B workers may be admitted for the period of the certified temporary labour need, up to one year. Extensions are possible in increments of up to one year, for a total stay of three years. Our attorneys ensure that employers understand and fulfil all H-2B programme requirements to protect their ability to use the programme in future seasons.