H-2B Visa: Non-Agricultural Temporary Workers

Seasonal, Peak Load, or Short-Term Labor for U.S. Businesses

The H-2B visa program allows U.S. employers to hire foreign nationals for temporary, non-agricultural jobs when there are not enough qualified U.S. workers available to meet seasonal, peak load, or one-time labor needs.

From resorts and landscaping companies to seafood processors and construction crews, the H-2B visa helps employers fill essential short-term jobs while staying compliant with U.S. immigration law.

What Is the H-2B Visa?

The H-2B is a temporary, nonimmigrant work visa for employers who need to bring in foreign workers for non-agricultural jobs that are:
Seasonal: Tied to a season of the year (e.g., winter ski resorts, summer beach resorts).
Intermittent: Occasional labor needs that occur at irregular intervals.
Peak Load: Extra workers needed during a short-term surge in demand.
One-Time Occurrence: A unique event requiring labor that will not be repeated.

Who Qualifies for an H-2B Visa?

For Employers:
✅ Must demonstrate that there are not enough willing, able, qualified U.S. workers to do the work.
✅ Must show the employment is truly temporary — generally not lasting more than one year.
✅ Must prove that hiring H-2B workers will not negatively affect the wages and working conditions of U.S. workers in similar roles.

For Workers:
✅ Must be a citizen of an eligible H-2B country designated by the U.S. government.
✅ Must have a valid job offer from a certified H-2B employer.
✅ Must meet visa requirements and attend a consular interview if applying from abroad.

Key Features of the H-2B Visa

Time-Limited: Generally valid for the period of the employer’s temporary need, up to one year. Extensions are possible under limited circumstances, for a maximum of three years total.

No Dual Intent: Unlike the H-1B, the H-2B visa does not support dual intent. Workers must maintain the intent to return home when the visa expires.

Dependents: Spouses and unmarried children under 21 can apply for H-4 dependent visas — but they cannot work in the U.S. under H-4 status.

Cap Limit: The H-2B program is capped at 66,000 visas per fiscal year, divided between two halves of the year (33,000 for October–March and 33,000 for April–September). Some returning workers or special circumstances may be exempt.

How the H-2B Process Works

📌 Step 1 — Obtain a Temporary Labor Certification:
Employer files a Temporary Labor Certification with the U.S. Department of Labor (DOL), demonstrating a temporary need and showing genuine recruitment efforts to hire U.S. workers first.

📌 Step 2 — File Form I-129:
Once the labor certification is approved, the employer files Form I-129, Petition for Nonimmigrant Worker, with USCIS.

📌 Step 3 — Visa Application:
Approved workers apply for the H-2B visa at a U.S. consulate abroad. After the visa interview and approval, workers travel to the U.S. to begin temporary employment.

📌 Step 4 — Ongoing Compliance:
Employers must follow strict wage, work condition, and reporting rules to remain in good standing with the program.

Types of Jobs Commonly Filled by H-2B Workers

✅ Landscaping and grounds maintenance crews
✅ Hospitality and resort seasonal staff
✅ Amusement park and entertainment workers
✅ Seafood and meat processing
✅ Construction and event setup crews
✅ Forest conservation and reforestation work

Employer Responsibilities

Employers using the H-2B program must:
✅ Offer the prevailing wage determined by the DOL.
✅ Pay for transportation to and from the place of employment.
✅ Provide a fair work environment and meet all DOL wage and housing standards (if housing is offered).
✅ Keep accurate records and remain compliant with recruitment, payroll, and working condition rules.

How USCIS Expert Helps

The H-2B visa process has tight deadlines, annual caps, and strict requirements. Any errors or noncompliance can result in costly delays or loss of access to the program. At USCIS Expert, we help:

✅ Determine if your business need qualifies for H-2B workers.
✅ Prepare and file the Temporary Labor Certification correctly and on time.
✅ File Form I-129 with accurate supporting documentation.
✅ Guide your workers through consular processing and visa issuance.
✅ Help you stay compliant with Department of Labor and USCIS requirements.

Meet Your Seasonal Workforce Needs Legally

Keep your business operating smoothly during peak seasons with trusted, legal temporary labor. Let USCIS Expert help you navigate the H-2B process from start to finish — so you can focus on growing your business.

Contact us today to learn how to hire seasonal or short-term non-agricultural workers through the H-2B visa program.