Visas for Temporary Workers

The H2-B visa allows foreign nationals to enter the U.S. and engage in temporary nonagricultural employment. This category does not require a particular education level, but the nature of the position as well as the employer’s need for the worker must be temporary. Temporary employment for purposes of the H2-B visa means seasonal, intermittent, a peakload need or a one time occurrence. The visa may be granted for a year or less.

The petition for the H2-B may be filed by the foreign national’s U.S. employer with the USCIS regional service center having jurisdiction over the place of intended employment. The employer must demonstrate through a temporary labor certification application that no U.S. citizen or lawful Permanent Resident workers are available for the position and that the employment of foreign nationals will not adversely affect the wage rate and working conditions of similarly employed workers in the U.S.

Currently, 66,000 H2-B visas are issued per fiscal year. The visas are issued in the order in which the petitions are received by the USCIS. Spouses and dependent children of H2-B visa holders may also be granted the same visa.

DISCLAIMER: The information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.