H2B Visa

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need or intermittent need. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

The Wage and Hour Division has been delegated enforcement responsibility by the Department of Homeland Security effective January 18, 2009, to ensure H-2B workers are employed in compliance with H-2B labor certification requirements. The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions.

Eligibility

Foreign athletes, trainers or artists with a job offer from a U.S. employer
Skilled workers in crafts and trades who are able to perform tasks for which
no U.S. workers are available
U.S. companies hiring foreign nationals to perform temporary work for which no U.S. workers are available

Requirements

A. Criteria For Determining Employer’s Eligibility

The employer must satisfy the following conditions to import foreign workers under the H2B visa:

The job and the employer’s need must be one time, seasonal, peak load or intermittent
The job must be for less than one year
There must be no qualified and willing U.S. workers available for the job

B. Criteria For Determining Employee’s Eligibility

You are eligible for the H2B Visa provided:

You have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work
You intend to return to your home country on expiration of the visa

FAQ

1. What is H2B visa?

The H-2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.

Note: This visa is also used for entertainers going on a tour, for film workers or professional minor league players

2. What is a 'peak-load need'?

The petitioner must establish that it regularly employs permanent workers to perform services or labor at the place of employment and that it needs to supplement its permanent staff at the place of employment on a temporary basis due to a seasonal or short term demand and that the temporary additions to staff will not become a part of the petitioner’s regular operation.

3. What are the requirements for H-2B visa holder?

To qualify for H-2B visa, you must:

Have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work
Show proof of an intent to return to your home country on expiration of the visa

Note: H-2B certification is issued to the employer, not the worker, is not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.