The H-2B visa allows U.S. employers to hire foreign workers for temporary, non-agricultural jobs to meet seasonal, peak-load, intermittent, or one-time labor needs.
The employer must obtain a temporary labor certification from the Department of Labor showing that qualified U.S. workers are not available and that hiring H-2B workers will not adversely affect wages and working conditions of similarly employed U.S. workers. The program is subject to an annual numerical cap.
Employers first file Form ETA-9142B with the DOL for labor certification, then Form I-129 with USCIS once certification is approved.
H-2B status is granted for the length of the certified temporary need, typically up to one year, with extensions available up to a three-year maximum.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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