Only U.S. employers or agents can serve as H-2B visa sponsors. The sponsor is responsible for navigating all the legal and administrative steps necessary to bring a foreign worker into the country.

Steps for sponsorship include:

1. Job Order Submission: A job order is submitted to the State Workforce Agency to begin recruitment.
2. Temporary Labor Certification: The sponsor must file ETA Form 9142B with the DOL to certify the temporary need.
3. USCIS Petition: After labor certification, the sponsor files Form I-129 with USCIS.
4. Consular Processing: If the petition is approved, the foreign worker applies for the visa at a U.S. embassy or consulate.

The sponsor is also expected to maintain accurate records, comply with wage laws, and provide worker protections throughout the employment period.

How to Apply for H-2B Visa

Understanding how to apply for H-2B visa status is key for both employers and prospective workers. Here is a step-by-step overview:

For Employers:

1. Start Early: Submit the temporary job order 75 to 120 days before the job start date.
2. Recruit U.S. Workers: Conduct a mandatory domestic recruitment process.
3. File ETA Form 9142B: This step officially requests temporary labor certification.
4. Submit I-129 Petition: After approval from the DOL, the employer files Form I-129 with USCIS.

For Workers:

1. Receive Offer: The worker must first receive a job offer from a certified U.S. employer.
2. Apply for Visa: After the employer’s petition is approved, the worker applies for a visa at a U.S. consulate.
3. Attend Interview: The applicant will provide documentation, fingerprints, and attend an in-person interview.
4. Enter the U.S.: Upon visa issuance, the worker may enter the U.S. and begin H-2B visa employment.

Visa H-2B Requirements

Foreign applicants must meet specific visa H-2B requirements:

• A valid job offer from a U.S.-based H-2B sponsor.
• Proof of intent to return to their home country after the visa expires.
• No criminal history or immigration violations.
• Must be from a country eligible for H-2B participation (as designated by the U.S. government).

Compliance with these conditions is crucial to obtaining and maintaining visa status.

Additional Details for 2024

In Fiscal Year 2024, the U.S. government issued 147,659 H-2B visas. The normal annual cap is 66,000 (divided equally between the first and second halves of the fiscal year). However, Congress approved an additional 64,716 supplemental visas to meet high employer demand.

This expansion reflects the growing need for flexible labor in key economic sectors. Employers across the U.S. continue to rely on the H-2B visa employment system for operational continuity during peak periods.