The H-2B visa program allows U.S. employers or U.S. agents who meet specific regulatory requirements to allow foreign nationals into the United States to fill temporary nonagricultural jobs. A U.S. employer or U.S. agent has to file Form I-129, the Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
HOW TO QUALIFY FOR AN H-2B VISA
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 – A petitioner claiming a one-time occurrence must show that it has:
An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future;
Seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:
Traditionally tied to a season of the year by an event or pattern; and
Of a recurring nature.
Note: You cannot claim a seasonal need if the time period when you do NOT need the service or labor is:
Subject to change; or
Considered a vacation period for your permanent employees.