H-2B

The H-2B visa program allows U.S. employers to temporarily hire foreign workers to perform non-agricultural labor or services when qualified U.S. workers are unavailable. The program is commonly used by landscaping companies, hospitality businesses, resorts, seafood processors, construction companies, and other employers experiencing temporary labor shortages.

To qualify for H-2B workers, an employer must demonstrate that:

1. There are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work;
2. Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers; and
3. The employer’s need for workers is temporary in nature.

Importantly, the temporary need relates to the employer’s need for labor or services, not necessarily the nature of the job itself.

The employer’s temporary need must fall within one of the following categories:

 

The employer has not previously employed workers to perform the services or labor and does not expect to need workers for the position in the future.

The employer’s need is tied to a recurring season or event of a predictable nature and occurs during a specific period each year. Landscaping companies, outdoor recreation businesses, and seasonal resorts commonly qualify under this category.

 

The employer regularly employs permanent workers to perform the services or labor but experiences a temporary increase in demand that requires additional workers. Hotels, restaurants, and tourism-related businesses often qualify under this category.

The employer occasionally or intermittently needs temporary workers to perform services or labor but has not employed permanent workers to perform those duties.

Congress has established a statutory cap of 66,000 H-2B visas per fiscal year. The cap is generally divided as follows:

• 33,000 workers for employment beginning during the first half of the fiscal year (October 1 through March 31); and
• 33,000 workers for employment beginning during the second half of the fiscal year (April 1 through September 30).

In some fiscal years, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), may authorize additional supplemental H-2B visas beyond the statutory cap.

Because H-2B numbers are often exhausted quickly, employers should begin planning and preparing their filings well in advance of their anticipated start date.

Employers must provide documentation demonstrating their temporary need for workers. Depending on the nature of the business, evidence may include:

• Payroll records showing increased staffing levels or overtime during the requested period;
• Financial records demonstrating increased sales or business activity;
• Historical business records reflecting recurring seasonal or peak demand;
• Letters from chambers of commerce, industry associations, or other knowledgeable sources;
• Customer contracts, reservations, work orders, or similar business records; and
• Other evidence supporting the employer’s temporary labor needs.

The employer files a Prevailing Wage Determination request with the Department of Labor. DOL reviews the position and determines the minimum wage that must be offered and paid to H-2B workers.

The employer submits a Job Order to the appropriate State Workforce Agency. The Job Order advertises the position to U.S. workers and invites qualified applicants to apply.

The employer files an Application for Temporary Labor Certification with DOL, along with supporting documentation demonstrating the temporary need for workers.

The employer must conduct recruitment efforts as directed by DOL. Depending on the circumstances, these efforts may include:

• Publishing newspaper advertisements;
• Contacting eligible former workers;
• Posting notices of the job opportunity at the worksite; and
• Completing any additional recruitment steps required by DOL.

The purpose of recruitment is to identify and hire qualified U.S. workers who are available for the position.

After completing recruitment, the employer submits a Recruitment Report to DOL summarizing the recruitment efforts and results.

If DOL determines that qualified U.S. workers are unavailable and all requirements have been satisfied, DOL will certify the temporary labor certification.

Once the labor certification is approved, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

The petition generally includes documentation establishing:

• The employer’s business operations;
• The temporary need for workers;
• Compliance with recruitment requirements; and
• The qualifications of the prospective workers, when applicable.

Premium processing may be available for eligible petitions.

After USCIS approves the petition, workers located outside the United States apply for H-2B visas at a U.S. consulate abroad. Once issued visas, the workers may travel to the United States and begin authorized employment.

Employers participating in the H-2B program are responsible for complying with various wage, transportation, and recruitment requirements imposed by federal law.

Employers are generally required to pay, advance, or reimburse certain transportation and subsistence costs associated with travel to and from the place of employment, as required by applicable H-2B regulations.

Employers may be required to pay, advance, or reimburse certain visa-related fees and expenses associated with obtaining H-2B status, consistent with applicable federal regulations and wage requirements.

Employers must pay at least the wage rate specified in the approved labor certification and comply with all applicable federal, state, and local wage laws.

Employers must maintain records demonstrating compliance with recruitment, wage, and other program requirements and may be subject to audits or investigations by government agencies.

The H-2B program provides employers with an important mechanism for addressing temporary labor shortages while protecting opportunities for U.S. workers. The process involves strict filing deadlines, detailed recruitment requirements, and significant compliance obligations. Employers should begin planning several months before their anticipated start date to maximize the likelihood of obtaining workers and maintaining compliance with applicable DHS and DOL regulations.

Please click the links below to learn the details about other work visas.

Immigrant Visas:

1. EB-1 Visas  (Employment-Based First Preference)
2. EB-2 Visas (Employment-Based Second Preference)
3. NIW ( National Interest Waiver) (EB2 NIW)
4. EB-3 Visas (Employment-Based Third Preference)
5. EB-4 Visas (Employment-Based Four Preference) 

Non-immigrant Temporary Work Visas:

1. H-1B Visas (Workers in a specialty occupation)
2. R1 Visas (Religious workers)
3. P Visas ( Athletes, Artists, and Entertainers)
4. L-1A Visas (Intracompany transferees in managerial or executive positions)
5. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
6. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.