H-2B

The H-2B visa allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. This visa is also used for entertainers going on tour, film industry workers or professional minor league players. The visa petition is submitted by an employer on an individual's behalf. The individual's spouse and unmarried children under the age of 21 are allowed to join them in the United States in H-4 status. However, dependents are not permitted to work.

STEPS

The Employer must first apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). The employer must meet all requirements set forth by DOL, and must prove that there are no U.S. workers available for the job position. If the application is approved, the employer must attempt again to recruit eligible U.S. citizens and lawful permanent residents for the job position. Subsequent to the recruitment process, the DOL will subtract the number of accepted U.S. workers from the requested amount of H-2B workers stated in the Temporary Labor Certification. If no U.S. workers are found, the employer will be allowed to submit petitions for the number of visas requested in the Temporary Labor Certification. Once the employer's petitions are approved, foreign workers will be able to apply for the H-2A visa at the United States Consulate with jurisdiction over their residence.

DOCUMENTS

To apply for H-2B visas for foreign workers, an employer must provide the following documents:

  1. Form I-129/I-129H (Petition for non-immigrant worker);
  2. A copy of the approved Temporary Labor Certification;
  3. A statement detailing the number of workers required by the employer;
  4. A statement detailing the job position and describing why the job position is of a temporary nature;
  5. An application for the position by each foreign worker which includes the worker's name and qualifications for the job position;
  6. Evidence that the foreign worker is qualified for the job position.

FREQUENTLY ASKED QUESTIONS

LEGAL SOURCES