The H-2B visa is a U.S. temporary nonimmigrant visa for seasonal, peak-load, intermittent, or one-time non-agricultural workers. It permits U.S. employers facing a temporary shortage of labor to hire foreign workers for roles such as support workers for equestrian activities (i.e. horse grooms) or other temporary, seasonal workers.

The employer must demonstrate that the job is temporary

Examples include:

• Seasonal needs
• Peak-load demands
• Intermittent projects
• One-time events

To qualify:

• Temporary need: The position must fit regulatory definitions of temporary (seasonal, peak-load, intermittent, or one-time).
• Labor conditions: The employer must meet wage obligations (pay prevailing wages) and hiring terms and conditions set by the U.S. Department of Labor
• Visa cap: H-2B visas are subject to an annual statutory cap; some workers (returning in subsequent years) are exempt. Eligible countries are limited to those listed by DHS.
• Worker qualifications: Workers must meet any educational or skill requirements and pass all admissibility checks.

Permitted activities: H-2B workers can only work in the approved position and job location/s for the petitioning employer. Any material change in employment requires filing a new petition. The spouse and unmarried minor children of H-2B workers may accompany (H-4 status), but spouses may not work in the U.S.

Processing Time and Validity: After the USDOL certifies and USCIS approves the petition, workers apply for the H-2B visa at a U.S. consulate.

For assistance with H-2B visas, contact our office. We assist employers with the labor certification and petition process, and advise foreign workers on preparing for the visa interview and entry into the U.S.