H-2B VISA (SEASONAL NON-AGRICULTURAL WORKERS)

The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification. You are eligible for the H-2B Visa provided that you have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work and that you intend to return to your home country on expiration of the visa

Benefits of H-2B Visa

You can enter the U.S. for a temporary work and enjoy all employee benefit; you can bring your dependents to stay with you in the U.S. Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for an H-4 visa.; you can freely travel outside U.S. on this visa; and you can change jobs if you can show a new job offer and have a new petition approved on your behalf.

Applying for and filing the H-2B Visa Petition

Temporary Labor Certification

The certification is designed to ensure that the admission of foreigners to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The U.S. employer must file the Labor Certification at the appropriate State Workforce Agency (SWA) at least 45 days before the day on which workers are needed.

The H-2B certification is valid for up to 364 days. As temporary or seasonal non-agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.

An H-2B temporary worker visa petition is filed on U.S. Citizenship and Immigration Services (USCIS) Form I-129, along with the Form I-129H supplement and the approved Labor Certification from the U.S. Department of Labor.

Duration of Stay

An H-2B visa is usually issued for a period of one year, and can be extended by two one-year extensions for a maximum of three years in H-2B visa.