The H-2B visa is a non-immigrant visa category that allows U.S. employers to hire foreign workers for temporary, seasonal, or non-agricultural jobs that cannot be filled by U.S. workers. This visa is typically used for industries like hospitality, construction, landscaping, and tourism, where employers face a seasonal demand for labor.

Key Features of the H-2B Visa:

Temporary and Seasonal Work: The H-2B visa is specifically for workers coming to the U.S. to fill jobs that are temporary or seasonal in nature. These jobs are typically in fields where the need for workers is time-limited or varies throughout the year, such as:

• Hospitality (hotels, resorts, restaurants)
• Landscaping
• Construction
• Amusement parks
• Seafood processing
• Ski resorts

Eligibility Requirements: To qualify for an H-2B visa, the employer must meet specific criteria:

• Temporary Need: The job must be temporary or seasonal. Employers must prove that they have a one-time, seasonal, peak-load, or intermittent need for workers.
• Labor Certification: Employers must submit a Labor Certification Application (LCA) to the U.S. Department of Labor (DOL) to show that there are not enough qualified U.S. workers available for the job.
• Job Vacancy: The job must be a non-agricultural position. For agricultural jobs, the H-2A visa is used instead.
• No Adverse Effect on U.S. Workers: The employer must demonstrate that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed in the area.

Worker Qualifications

• Foreign Worker Eligibility: The worker must be a foreign national from a country that is eligible for the H-2B program. The U.S. Department of Homeland Security (DHS) and Department of State periodically designate which countries are eligible for the program. Typically, many countries in Latin America and other regions are eligible.
• No Specific Skill Level: Unlike some other visa types, the H-2B visa does not require the worker to possess specialized skills or an advanced degree. The applicant must, however, have the ability to perform the job.
• Petition Process: The H-2B visa application process generally follows these steps:
  • Employer Files Labor Certification: The employer must first file a Labor Certification Application (LCA) with the Department of Labor to prove the need for foreign workers and the lack of U.S. workers available to fill the position.
  • Petition to USCIS: After the LCA is approved, the employer files a Form I-129 (Petition for a Non-Immigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) to request H-2B status for the workers.
  • Visa Application: Once the petition is approved, the worker applies for the H-2B visa at a U.S. consulate or embassy in their home country (if outside the U.S.).

Duration of Stay

• Initial Stay: The H-2B visa is typically issued for up to 1 year. However, it can be extended for a total of up to 3 years.
• Extensions: After the initial period, the worker may apply to extend their stay, but they must continue to meet the temporary need criteria.
• Exit and Re-entry: If the worker leaves the U.S. before their visa expires, they can apply to re-enter, though there are limits on how frequently they can renew or extend their visa.

Family Members

• H-4 Visas for Dependents: The worker’s spouse and children under 21 may be eligible for H-4 visas to accompany them to the U.S. However, H-4 visa holders are not allowed to work unless they apply for separate work authorization.
• Cap on H-2B Visas:
  • Annual Cap: There is a cap on the number of H-2B visas issued each year. The limit is set at 66,000 visas per fiscal year, divided into two halves:
    • 33,000 visas are available for the first half of the fiscal year (October 1 to March 31).
    • 33,000 visas are available for the second half (April 1 to September 30).
  • Exemptions: Some workers may be exempt from the cap if they have been previously in the U.S. on an H-2B visa or if they work in certain types of industries or jobs.

Wages and Working Conditions

• The employer must pay the H-2B workers at least the prevailing wage for the occupation in the geographic area, or the actual wage paid to other workers in similar positions, whichever is higher. This is to ensure that the employment of foreign workers does not negatively affect the wages or working conditions of U.S. workers.