H-2b - non-Agricultural work visa

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The H-2B program requires the employer to attest to the Department of  Labor that it will offer a wage that equals or exceeds the highest of  the prevailing wage, applicable Federal minimum wage, the State minimum  wage, or local minimum wage to the H-2B non-immigrant worker for the  occupation in the area of intended employment during the entire period  of the approved H-2B labor certification. The H-2B program also  establishes certain recruitment and displacement standards in order to  protect similarly employed U.S. workers.

To qualify for H-2B non-immigrant classification, the petitioner must establish that:

• There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work;
• The prospective employees are nationals of an H-2B eligible country (see the H-2B Temporary Non-agricultural Workers page for the list;
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers; and
• Its need for the prospective worker’s services or labor is  temporary, regardless of whether the job can be described as temporary.   The employer’s need is considered temporary if it is a(n):

• one-time occurrence – A petitioner claiming a  one-time occurrence must show that it has not hired workers to perform  the service or labor in the past, and will not need workers to perform  the services or labor in the future, or that it has an employment  situation that is otherwise permanent but a temporary event of short  duration has created the need for a temporary worker.
• seasonal need – A petitioner claiming a seasonal  need must show that the service or labor for which it seeks workers is:  traditionally tied to a season of the year by an event or pattern and is  of a recurring nature. Note: You cannot claim a seasonal need if the  time period when you do NOT need the service or labor is:
  • Unpredictable;
  • may change; or
  • Considered a vacation period for your permanent employees.
• peak load need – A petitioner claiming a peak load  need must show that it: regularly employs permanent workers to perform  the services or labor at the place of employment, that it needs to  temporarily increase staffing due to a seasonal or short-term demand,  and that the temporary additions to staff will not become part of the  employer’s regular operation.
• intermittent need – A petitioner claiming an  intermittent need must show that it has not employed permanent or  full-time workers to perform the services or labor and that it  occasionally or intermittently needs temporary workers to perform  services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL).  H-2B workers may stay in the United States for up to three years.