H-2B Non-Agricultural Worker Visa (USA)

The H-2B Visa is a U.S. non-immigrant visa that allows foreign nationals to work temporarily in non-agricultural occupations where there is a shortage of available U.S. workers. It is commonly used in industries with seasonal or peak-load labor demands, such as hospitality, landscaping, and construction.

Key Features of the H-2B Visa:

• Eligibility: The H-2B visa is available to foreign nationals seeking temporary employment in non-agricultural positions where there is a seasonal, peak-load, intermittent, or one-time need that cannot be filled by the U.S. workforce.
• Employer Sponsorship: U.S. employers must obtain a Temporary Labor Certification from the U.S. Department of Labor (DOL) before filing a petition with the U.S. Citizenship and Immigration Services (USCIS).
• Industry Use: The visa is widely used in sectors such as hospitality, construction, tourism, seafood processing, landscaping, and manufacturing, where labor demands fluctuate seasonally.
• Wage and Work Conditions: Employers must provide wages that meet or exceed the prevailing wage and ensure compliance with federal and state labor standards to protect both U.S. and foreign workers.
• Duration: The H-2B visa is typically granted for up to one year, depending on the employer’s labor certification. It can be extended in one-year increments, for a maximum total stay of three years.
• Annual Cap: The number of H-2B visas issued is subject to an annual statutory cap of 66,000 visas (divided between the first and second half of the fiscal year). When demand exceeds supply, USCIS uses a lottery system to select petitions for processing.
• Returning Worker Exemption: Certain workers who have previously held H-2B status may be exempt from the cap if they are returning to the same employer for seasonal work.
• Dependents: Spouses and unmarried children under 21 of H-2B visa holders can accompany them under the H-4 visa category. Dependents, however, are not permitted to work in the United States without separate authorization.
• Dual Intent: While the H-2B is a temporary non-immigrant visa, it does not directly lead to permanent residency. Applicants are expected to return to their home country upon visa expiration, although some may later qualify for other immigration categories.

The H-2B visa program supports U.S. employers facing short-term labor shortages while maintaining fair labor standards. At Visa2Migrate, we provide step-by-step assistance with employer petitions, labor certifications, and compliance to ensure a smooth and lawful process.