Work in the United States on an H-2B Visa

What is an H-2B Visa?

Non-agricultural workers may apply for an H-2B visa to come to the United States to do seasonal work or to help a U.S. employer meet peak load demands.  H2-B visas are only available for positions which are experiencing a shortage of U.S. workers.  Employers have to prove the hiring of foreign nationals will not adversely affect U.S. workers and their opportunities for employment. From October 1 through September 30 each year, there is a limit of 66,000 initial H-2B visas (renewal visas are not included toward the limit).  The H2B visa is good for up to one year and can be extended upon request in one year increments for up to a total of 3 years. 

Requirements of an H-2B Visa

In order to qualify for an H-2B visa there are conditions both the employer and the employee have to meet.

To qualify for an H-2B visa, the employer must meet the following requirements:

• The employer must have a need which is seasonal, one-time, intermittent or peak load
• The job time-frame must be for less than one year
• There must be no qualified and willing U.S. workers available for the job

The employee must meet the following requirements:

• Employee must have a valid job offer from a U.S. employer to do seasonal or temporary work.
• The employee must intend to return home before the expiration date on the visa.

Do you need a lawyer?

Most employers who hire foreign nationals have attorneys who will advise the employer and the employee on the immigration process at the employer’s expense.  The difficulty in presenting your case will be in proving that you are a specialty worker and not just an average worker.  If the employer does not have a lawyer, it would be wise to consult a lawyer before beginning the H-1B visa process to make sure you have all the necessary documentation and forms.

Benefits of the H-2B Visa

Once granted, the H-2B visa holder may bring his/her dependants to the United States and they may travel freely to and from the United States.  The dependants may attend school while in the United States without filing for a separate student visa. An H-2B visa holder will also have the same employee benefits as other employees in the company.