H-2B Visa Temporary Non-Agricultural Workers

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

Requirements:

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.  The employer’s need is considered temporary if it is a(n):

    • One-time occurrence,

    • Seasonal need

  • Peakload need

  • Intermittent need 

IMMIGRATION SERVICES

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