Nonimmigrant H-2B Visas

Return to "Temporary Worker Visas" main page

The H-2B classification applies to foreign nationals who are coming to the U.S. temporarily to perform nonagricultural service or labor of a temporary or seasonal nature, other than graduates of medical schools coming to provide medical services, if unemployed person capable of performing such work cannot be found in the U.S.  Unlike an H-1B, the beneficiary need not work in a skilled position.    

H-2B visas are often used by employers who have an immediate, but temporary need for skilled or unskilled labor in an area where there are no U.S. workers available.    It is also used for beneficiaries who do not qualify for O or P nonimmigrant visas.   In order for the occupation to qualify, employers must show that the need for labor is either a “one-time occurrence, a seasonal need, a peak-load need or an intermittent need.” The CIS’ test for whether a job is temporary focuses on the nature of the employer’s needs, rather than the nature of the duties of the job.    

Before a petition can be filed, employers must apply for a temporary labor certification from the Secretary of Labor in order to show that the beneficiary’s employment will not adversely affect similarly situated U.S. workers.   This recruitment period must stay open for 10 days.   Once the Labor Certification is approved, the employer must submit proof that they have the ability to pay the wage that the beneficiary’s has the required qualifications, and evidence addressing the temporary nature of the need.    

Restrictions: 

Part-time employment does not qualify for an H-2B visa. Only full-time employment can be certified. 

The H-2B is subject to an annual quota of 66,000. Unlike the H-1B quota, the H-2B quota of 66,000 is split in half, creating two separate filing periods during the year. Neither spouses or children of beneficiaries, nor returning workers are counted against the quota.    

Upon approval of the beneficiary’s petition, the USCIS will grant a period of stay of one year.  The USCIS will grant one-year extensions thereafter, with a maximum of 3 years. 

The beneficiary must be a citizen of one of the designated countries eligible for the H2 program.