H-2B Temporary Non-Agricultural Workers

 

This visa category applies to U. S. employers or U.S. Agents who wish to:

  • Bring foreign nationals to the United States to fill temporary non-agricultural jobs;
  • Bring foreign athletes, trainers or artists with a job offer from a U.S. employer; or
  • Bring skilled workers in crafts and trades.

Eligibility:

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.
  • The employment of 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; or
    • Intermittent need.

USCIS may grant H-2B for up to the period of time authorized on the temporary labor certification.   H-2B classification may be extended for qualifying employment in increments of up to 1 year each. The maximum period of stay in H-2B classification is 3 years.

After the 3 years, the foreign national must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.


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