H-2B Visa: Temporary Non-Agricultural Worker Program
The H-2B Visa allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs in sectors like hospitality, construction, and landscaping. It is granted for up to one year, extendable to a maximum of three years, with an annual cap of 66,000 visas split between two halves of the fiscal year.
Why Apply for an H-2B Visa?
- Work in the U.S. Legally: Provides legal employment in temporary non-agricultural jobs.
- No Degree or Specialized Skills Required: Designed for general labor and skilled trades.
- Employer-Sponsored Benefits: Employers must offer fair wages and comply with labor laws.
- Faster Processing Than Other Work Visas: Does not require a lengthy employer sponsorship process like H-1B.
- Family Accompaniment: Spouses and children (under 21) can accompany the worker under H-4 dependent status.
- No Lottery System: Unlike H-1B visas, selection is based on employer demand, but subject to a numerical cap.
Eligibility Criteria for an H-2B Visa
To qualify for an H-2B Visa, applicants must:
- Have a Temporary or Seasonal Job Offer in a Non-Agricultural Industry: The employer must prove that the job is temporary, seasonal, peak-load, or one-time need.
- Have an Employer Sponsor: A U.S. employer must file a petition on behalf of the worker.
- Come from an Eligible Country: The applicant must be from a country designated by the U.S. Department of Homeland Security.
- Prove Intent to Return Home: Must demonstrate ties to their home country and intend to leave the U.S. once employment ends.
- Meet Physical & Job-Specific Requirements: Some jobs may require physical ability, prior experience, or trade certifications.
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How to Apply for an H-2B Visa
U.S. Employer Files a Temporary Labor Certification
- The employer must apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL).
- The employer must prove that there are not enough U.S. workers available and that hiring foreign workers will not affect U.S. workers’ wages and job conditions.
Employer Files Form I-129 with USCIS
- Once the labor certification is approved, the employer files Form I-129 (Petition for
- Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
Worker Applies for an H-2B Visa
- After the I-129 petition is approved, the worker applies for an H-2B Visa at a U.S. embassy or consulate in their home country.
- The worker must complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule a visa interview.
- Required Documents for the Interview:
- Valid passport
- Visa application fee receipt
- Job offer letter from the U.S. employer
- Form I-129 approval notice
Enter the U.S. & Begin Work
- If the visa is approved, the worker receives an H-2B visa stamp and can travel to the U.S.
- The worker must only work for the employer who sponsored them.