The H-2B visa program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. This program provides a valuable solution for businesses facing seasonal labor shortages while offering temporary employment opportunities to foreign workers.

Disclaimer

This page provides general information about H-2B temporary worker visas and does not constitute legal advice. H-2B eligibility and timing are case-specific and can change with regulatory updates.

H-2B Visa Program Overview

The H-2B program is specifically designed for employers with seasonal, peak load, or intermittent needs who cannot find qualified U.S. workers to fill temporary positions. These temporary jobs typically fall within industries such as hospitality, landscaping, construction, and seafood processing.

Seasonal Need

The need is tied to a recurring season, such as summer or winter business cycles.

Peak-Load Need

The employer needs temporary help during a predictable but limited increase in workload.

Intermittent Need

The employer occasionally needs temporary workers but does not rely on them continuously.

One-Time Occurrence

The need is based on a temporary event of limited duration that is not expected to recur.

Annual Cap and Eligibility

Congress has established a statutory cap on the number of H-2B visas issued each fiscal year. Currently, the cap allows for 66,000 workers annually, with 33,000 allocated for workers beginning employment in the first half of the fiscal year and 33,000 for workers in the second half. Supplemental allocations may be authorized in years of high demand.

Employer Eligibility Requirements

Demonstrate that qualified U.S. workers are not available
Show that the employment of H-2B workers will not adversely affect wages and working conditions of similarly employed U.S. workers
Establish a genuine temporary need for the workers
Obtain a temporary labor certification from the Department of Labor

Application Process

Securing H-2B workers involves a multi-step process that must be carefully navigated to ensure compliance with all regulatory requirements:

Step-by-Step Process

File a job order with the State Workforce Agency
Submit a temporary labor certification application to the Department of Labor
Conduct required recruitment of U.S. workers
File Form I-129 (Petition for Nonimmigrant Worker) with USCIS
Workers apply for H-2B visas at U.S. consulates (if abroad)

Timeline Note

Employers should usually begin the H-2B process at least 90-120 days before the intended start date because the cap, labor certification timing, and USCIS processing all affect viability.

Worker Rights and Employer Obligations

When employing H-2B workers, businesses must comply with specific requirements to protect both foreign and domestic workers:

Pay at least the prevailing wage for the occupation
Provide terms and conditions of employment consistent with what is offered to U.S. workers
Cover certain transportation expenses
Guarantee employment for a minimum percentage of the period stated on the job order
Maintain proper records of hours worked and wages paid

Common Challenges

The H-2B program presents several challenges for employers seeking temporary workers:

Limited visa availability due to the statutory cap
Complex and time-sensitive application procedures
Changing regulatory requirements
Strict compliance obligations

How Serianni Law Can Help

Navigating the H-2B visa process requires attention to detail and understanding of complex immigration regulations. At Serianni Law, we guide employers through every step of the H-2B application process.

Demian Serianni, Esq. works with businesses to develop appropriate strategies, prepare necessary documentation, and respond to any government inquiries or requests for evidence that may arise during the application process.

H-2B Temporary Workers