What is an H-2B?
The H-2B visa establishes a means for U.S. non-agricultural employers who anticipate a shortage of domestic workers, to employ temporary non-immigrant foreign workers. H-2B eligibility requires that the job and the employer’s need for the foreign worker be of a temporary nature, such as seasonal employment, and for a duration suggested to be no longer than 10 months.
H-2B Program
- Permits U.S. employers to hire seasonal foreign workers.
- There must be a lack of willing qualified workers available for the positions.
- Is for seasonal employment, 10 months or less.
- Is restricted to non-agricultural work.
- Is a non- immigrant program – it dose not lead to residency.
- Involves three U.S. government agencies and applications.
- Dept. of Labor, U.S.C.I.S., and the Department of State.
- Applications are by job title and rate of pay and may have multiple employees.
- Application submission requires a minimum of 120 calendar days before need.
- Certification is issued to the employer not the worker.
- Certification is not transferable from one employer to another or between employees.
- Re-certification of the employer is required annually.
- H-2B workers must return home annually to have their visas renewed.
- Housing and transportation are not required by the employer.
- Hourly wages paid to Guest Workers must be competitive to local workers.
The H-2B program is designed to assist U.S. non-agricultural seasonal employers to access foreign labor pool to fill seasonal jobs. Turnover of this foreign labor force is traditionally extremely low. The individuals will typically return year after year, significantly reducing retaining costs.
The H-2B program provides a stable workforce – empowering seasonal companies to grow their business.