H-2B Visa
H-2B Non-Agricultural Worker Visa is a temporary nonimmigrant visa issued to individuals to fill in temporary job openings in the United States.
H-2B Visa requires a U.S. employer or an agent to petition for the worker.
Eligibility Requirements:
The Employer:
- Must have an available employment position which can be seasonal, intermittent, peak load, or one-time
- Must ensure that the employment duration cannot exceed 1 year
- Must prove that no U.S. citizen worker is available or qualified for the employment
The Employee:
- Must have a valid job offer from a U.S. employer or an agent
- Must be qualified to undertake the employment
- Must return to his/her home country before or after their visa expires
Family Members:
The spouses and unmarried children (under the age of 21) of the H-2B visa holders can apply for an H-4 (Dependent Visa) for the duration of the H-2B Visa.
FAQ:
Yes. The annual cap for H-2B Visa is currently 66.000. Half of this cap is slated for the first half of the fiscal year (October 1 – March 31), and another half is slated for the second half of the fiscal year (April 1 – September 30).
However, you may be eligible for exemption from the cap. To see whether you can be exempted from the H-2B Visa cap, please see Cap Count for H-2B Nonimmigrants
The duration of the H-2B Visa depends on the time authorized on the temporary labor certification.
You should contact your employer to learn about your lawful period of stay.
Extensions can be granted in increments for up to a year. However, extensions are not limitless, and your total period of stay on H-2B status cannot exceed 3 years.
Your family cannot work in the U.S. while on H-4 status as dependents.
Nationals of certain countries unfortunately are not eligible to apply for an H-2B Visa. Only designated countries are eligible for temporary worker transfer.
To see if your country is eligible to apply or not, please see Countries Eligible for H-2A and H-2B Visa Programs.
Seasonal is a type of temporary employment that becomes available only in certain periods of the year
Intermittent is a type of temporary employment that employs workers periodically and for only a short time works.
Peak load is a type of temporary employment that employs additional staff along with permanent staff to meet the rising supply and demand.
One-time is a type of temporary employment that becomes available for temporary workers once. This requires that the employer must not have employed temporary workers before and will not employ them later in the future.
