The H-2B program allows U.S. employers to petition skilled or unskilled foreign nationals to work in the United States to fill temporary nonagricultural jobs. In order to qualify for this visa, a job offer for a position for which there is a shortage of qualified U.S. workers, must first be established. The H-2B petitioners must then provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, if the workers will be employed in Guam, from the Guam Department of Labor (Guam DOL). The qualified applicant must be able to show that he/she fully intends to return to his/her home country at the end of the approved stay. A numerical limit of 66,000 for H-2B workers is currently set by Congress for each fiscal year.
The H-2B visas are used for a wide variety of non-agricultural employment that are considered seasonal or intermittent, to meet a peak load need, or to participate in a one-time occurrence –
Filing the Labor Certification
The initial step in filing an H-2B Petition is to apply for a temporary labor certification with the Department of Labor. The labor certification establishes that the job requirement for a foreign national to come and work in the U.S. is only on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The approved labor certification must be filed with the Form I-129 petition.
Dependents of H-2B Visa Holders
Spouses and minor children (unmarried under 21 years old) of H-1B visa holders are granted H-4 status, which does not authorize employment.
**Please call our office for immediate assistance on your visa requirements.