What is the H-2B Visa Program?
The H-2B visa is a temporary non-immigrant work visa that allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. It is commonly used by businesses with a peak-load or seasonal needs for laborers.
Who Qualifies for H-2B Jobs?
To qualify for the H-2B visa:
- The job must be temporary in nature.
- The employer must prove there are not enough U.S. workers able, willing, qualified, and available to do the temporary work.
- The employment of H-2B workers must not adversely affect the wages and working conditions of similarly employed U.S. workers.
Step-by-Step Application Process
- Prevailing Wage Request: Employer files with the Department of Labor (DOL).
- Job Order & Recruitment: Employer submits a job order to the State Workforce Agency and recruits U.S. workers.
- Temporary Labor Certification (TLC): Employer submits ETA Form 9142B to the DOL.
- USCIS Petition: Upon TLC approval, employer files Form I-129 with USCIS.
- Visa Application: Worker applies for a visa at a U.S. consulate.
H-2B Visa Fees & Costs
- Form I-129 filing fee: $460
- Premium processing (optional): $2,805
- Visa application fee: $205
Filing Timeline for Worker Arrival
Filing can take anywhere from 5-7 months, depending on your date of need. Premium processing shortens USCIS adjudication to 15 days but does not affect other steps.
Employer Obligations & Compliance
Employers must:
- Pay workers the prevailing wage
- Provide safe working conditions
- Reimburse worker inbound expense costs
- Maintain accurate records for audits
Frequently Asked Questions
Can the visa be extended?
No. Except in the case of an unforeseen event, such as an Act of God.
Can H-2B workers bring family?
Yes, with H-4 visas.
Can an H-2B worker change jobs?
No. Except when the receiving employer has a valid labor certificate and visas left on its petition.
