H-2B Temporary Non-Agricultural Workers

The H-2B Temporary Non-Agricultural Worker nonimmigrant visa program is a vital mechanism addressing temporary labor shortages in non-agricultural sectors within the United States. Administered by the U.S. Department of Labor (DOL) and Citizenship and Immigration Services (USCIS), this program enables U.S. employers to hire foreign nationals for temporary non-agricultural work when there is a demonstrated need, such as a well-defined season, peak demand periods, or specific one-time occurrences.

Key eligibility criteria include proving the temporary nature of the employment, certifying that the hiring won’t adversely impact U.S. workers, and obtaining a temporary labor certification from the DOL. Employers submit Form I-129, Petition for Nonimmigrant Worker, and the necessary evidence to USCIS, outlining job details and demonstrating compliance with the DOL pre-filing procedure. Upon approval of the USCIS petition, international workers can apply at a U.S. Consulate abroad for H-2B visas.

A significant drawback of the H-2B visa program is the limited number of available new visas annually, which is generally 33,000 visas available on April 1 and an additional 33,000 visas available on October 1 for seasons which begin around those dates.

Typically, H-2B workers are permitted to stay for the duration of the approved employment period or season. Employers must adhere to strict regulations, including providing suitable housing where applicable, fair wages based on the highest of the prevailing, federal, or state minimum wage, and compliance with labor laws.

It’s imperative for employers and workers alike to stay abreast of any policy changes, ensuring compliance with the latest regulations. Seeking professional guidance is crucial for navigating the H-2B visa process successfully and addressing the temporary labor needs in non-agricultural sectors while upholding the rights and working conditions of both H-2B workers and their U.S. counterparts.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.