H-2B Visas for Temporary Non-Agricultural Workers

landscape contractorThe H-2B visa permits US employers to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  It is commonly used for occupations in the hospitality (hotels, ski resorts), retail, and service industries (landscape contractors).

Congress has set a numerical limit, or “cap” on the number of H-2B visas to be issued on an annual basis, currently set at 66,000 per fiscal year.  The cap is split into two parts: 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – December 31). H-2B visas are valid for a period of 9 months.

Who May Qualify for H-2B Classification?

ski instructorTo qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):

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