H-2B VISA EMPLOYMENT GUIDE: RULES & APPLICATION TIPS

H-2B VISA EMPLOYMENT GUIDE: RULES & APPLICATION TIPS

Yasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm

Introduction

The H-2B visa is a nonimmigrant visa designed to bring foreign workers into the U.S. for temporary non-agricultural employment. It helps employers fill positions that are seasonal, one-time, or based on short-term spikes in demand. Through the H-2B visa employment program, U.S. companies address labor shortages without displacing local workers.

The visa is often used in industries such as hospitality, construction, landscaping, and entertainment. Employers benefit from access to a global labor pool, while workers get the chance to legally work and earn in the United States for a limited period.

H-2B Visa Requirements

To participate in the program, employers must meet strict H-2B visa requirements established by the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

Key requirements include:

Temporary Need: The position must be truly temporary—seasonal, intermittent, or due to a peak workload.
Unavailability of U.S. Workers: Employers must demonstrate that no qualified U.S. workers are willing or available to fill the job.
Wage Protection: The wage offered must meet or exceed the prevailing wage for the occupation and region to avoid undermining U.S. wage standards.
Legitimate Business Operations: The company must have a valid Federal Employer Identification Number (FEIN), a physical office in the U.S., and documented employment records.

Employers must also comply with all labor laws, ensuring safe working conditions, fair hours, and compliance with overtime and housing regulations if applicable.

H-2B Visa Employment

H-2B visa employment opportunities typically arise in sectors experiencing fluctuations due to seasons or public demand. Common industries include:

Hospitality: Hotels, resorts, and restaurants hire seasonal staff during peak travel times.
Landscaping: Workers are needed in spring and summer to meet demand.
Construction: Projects often need additional hands during busy months.
Amusement Parks: Theme parks and recreational facilities often rely on H-2B workers during holiday seasons.
Seafood Processing: Especially in coastal areas, employers depend on temporary labor for harvesting and packaging.

Workers under the H-2B visa employment program are tied to one employer and one job. If they wish to switch jobs, the new employer must file a new petition.

H-2B Visa Sponsors

H-2B Visa Sponsors

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:

Job Order Submission: A job order is submitted to the State Workforce Agency to begin recruitment.
Temporary Labor Certification: The sponsor must file ETA Form 9142B with the DOL to certify the temporary need.
USCIS Petition: After labor certification, the sponsor files Form I-129 with USCIS.
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:

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

For Workers:

Receive Offer: The worker must first receive a job offer from a certified U.S. employer.
Apply for Visa: After the employer’s petition is approved, the worker applies for a visa at a U.S. consulate.
Attend Interview: The applicant will provide documentation, fingerprints, and attend an in-person interview.
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.

Conclusion

The H-2B visa employment program is vital for industries facing seasonal labor demands. From landscaping to tourism, the program ensures employers can operate efficiently while offering foreign nationals lawful job opportunities in the U.S.

By understanding the H-2B visa requirements, finding qualified H-2B visa sponsors, and following the proper steps for how to apply for H-2B visa, both employers and workers can benefit from a structured and lawful process.

Whether you’re an employer preparing for the next busy season or a foreign worker looking for U.S. job opportunities, knowing the visa H-2B requirements and navigating the system correctly will set you on the path to success.

FREQUENTLY ASKED QUESTIONS (FAQs)

What is H-2B visa?

The H-2B visa allows foreign nationals to work temporarily in non-agricultural sectors. It is meant for short-term, seasonal, or event-driven employment.

How to apply for H-2B visa?

The employer must secure labor certification and file Form I-129 with USCIS. Once approved, the worker applies for the visa at a U.S. consulate in their country.

Who is eligible for H-2B visa?

Eligibility includes a valid job offer, being from an eligible country, and meeting background, security, and health standards.

How many H-2B visas are issued in 2024?

In FY 2024, the U.S. issued approximately 147,659 H-2B visas, including the standard cap and supplemental allocation

What is the difference between H-1B and H-2B visa?

The H-1B visa is for skilled professionals in technical fields requiring higher education. The H-2B visa is for temporary, non-agricultural jobs that do not require a college degree.

Can a H-2B visa be extended?

Yes. An H-2B visa may be extended in increments, but the total stay cannot exceed three consecutive years. The employer must refile the necessary forms for each extension.