H-2B visas for seasonal, non-agricultural work

What is an H-2B visa?

The H-2B program allows employers in the United States to hire temporary foreign workers for non-agricultural positions when there is a shortage of available American workers. It can be especially valuable for employers filling seasonal or peak-load positions.

It covers non-agricultural work such as hospitality, construction, landscaping and seasonal jobs in tourism.

How the process works

1. 01Temporary labor certificationThe employer applies to the U.S. Department of Labor (DOL), showing there are not enough qualified U.S. workers and that significant efforts were made to recruit them first.
2. 02USCIS petitionOnce certified, the employer files a petition with U.S. Citizenship and Immigration Services to bring in H-2B workers.
3. 03Consular processingIf the petition is approved, workers apply for the H-2B visa at their nearest U.S. embassy or consulate.

Key considerations

1. Annual capThe H-2B cap is 66,000 visas per fiscal year, split between the first half (October 1 – March 31) and the second half (April 1 – September 30). Filing well in advance matters.
2. Employer obligationsEmployers must provide fair wages and suitable working conditions, and cover the cost of workers’ round-trip transportation to and from the United States.

How we can help

1. H-2B consultationWe assess eligibility, explain the requirements and outline the application process.
2. Application preparationWe compile documents, complete required forms and confirm the application meets program criteria.
3. Employer complianceWe help employers meet regulatory obligations, including wage and labor law compliance.
4. RepresentationIf challenges arise, we represent you before immigration authorities.
5. Extensions and changesWe guide extensions and changes of employer for your H-2B workers.
6. Recruitment referralsWe can refer you to reputable, independent foreign worker facilitators in Mexico, El Salvador, Guatemala and Jamaica who assist with recruiting, visa applications, consular interviews and transportation.