H-2B Visa for Non-Agricultural Workers
H-2B visas allow United States businesses to hire temporary foreign workers for non-agricultural jobs. Employers apply for H-2B visas on behalf of the temporary workers they wish to hire. H-2B visas are valid for the period of time authorized on the temporary labor certification and can be extended.
Businesses seeking to hire foreign workers on H-2B visas can call the Law Offices of Scott Warmuth at 888-517-9888 for a free consultation.
H-2B Visa Guidelines
Businesses are responsible for initiating the H-2B visa application process and take certain actions to secure entry into the U.S. for their temporary workers.
- The business must obtain a temporary labor certification for H-2B worker application to the Department of Labor (DOL)
- The business must file USCIS Form I-129, Petition for a Nonimmigrant Worker using the labor certification as initial evidence
- After Form I-129 is approved, temporary workers who reside outside the U.S. can apply for the H-2B visa at a U.S. Embassy or Consulate and seek admission to the United States
Temporary foreign workers with an H-2B visa may bring spouses and minor, unmarried children into the United States. Family members are provided H-4 nonimmigrant status, which does not allow for employment.
H-2B Visa Qualifications
To qualify for H-2B nonimmigrant classification, employers must do the following:
- Show to authorities that the need for workers’ services is temporary
- Show to authorities that too few qualified U.S. workers are willing and able to perform the temporary work
- Show to authorities that hiring H-2B workers will not reduce wages and working conditions for similarly employed U.S. workers
H-2B visas are only available to the citizens of certain countries. A full list of eligible countries can be found on the Federal Register (Effective January 18, 2018).
H-2B Visa Limitations
H-2B visas are typically valid for the period of time authorized by the temporary labor certification. H-2B status can be extended in one year increments. Each extension must be accompanied with a new temporary labor certification. The maximum period of stay is three years and after a temporary worker has accumulated three years under H-2B status, he or she must leave the U.S. for an uninterrupted period of three months before seeking readmission as an H-2B worker.
There is a limit to the number of H-2B visas issued by the United States. The current limit is 66,000 annually, with half issued to workers who begin employment in the first half of the fiscal year (October – March) and the remainder issued in the second half (April – September). Unused visas do not carry over.
Talk with an H-2B Visa Attorney Today!
If your business is seeking temporary workers, the Law Offices of Scott Warmuth can help you with your goal. We’ve been assisting companies and immigrants meet their immigration legal needs for more than three decades. Our experienced lawyers provide expert legal guidance with a focus on your company’s specific immigration needs.