The H-2B visa is a popular visa for individuals who want to come to the United States to work in a job that is temporary or seasonal in nature. This visa type is suitable for construction workers, landscapers, and housekeepers. These visas are issued for a period of up to one year. Extensions may be granted for a total of two additional years.
Workers may apply for a season that starts in April or a season that starts in October. This means that the immigration filing must be made in advance of the season the worker is requesting.
- There is a 66,000 cap on the number of H-2B visas issued per fiscal year. This cap is divided into two seasons which means that 33,000 visas are available each season.
- A valid job offer from a US employer is required
- US employer must demonstrate seasonal need
- Only nationals of certain countries can participate
- Not a dual intent visa
- The visa is granted for a period of one year, but may be extended for 2 additional years
- Good visa for individuals interested in working in the US on a temporary basis
- Good visa for jobs of a seasonal or temporary nature that experience a shortage in the U.S.
- The Trump administration is proposing increasing the 66,000 cap
What are the Requirements?
- Present the foreign worker(s) with a job offer of a temporary or seasonal nature;
- Demonstrate that there is only a temporary need for the type of services or labor to be performed by the foreign worker(s);
- Demonstrate that there is an absence of U.S. workers who are able, willing, qualified, and available to perform the temporary work;
- Demonstrate that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed American workers;
- The foreign worker must have a foreign residence outside of the United States that he or she has no intention of abandoning;
- The employer must submit a valid temporary labor certification from the Department of Labor along with the H-2B petition.
For more information about the H-2B visa please click here.