The H-2B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough U.S. workers available. This visa is commonly used in industries such as hospitality, landscaping, construction, seafood processing, and tourism, where seasonal or peak-load labor demands exceed the domestic workforce. To begin the process, the employer must first obtain a temporary labor certification from the U.S. Department of Labor (DOL) by proving that hiring foreign workers will not negatively affect U.S. workers' wages or working conditions. Additionally, the employer must demonstrate that the need for workers is temporary—either seasonal, peak-load, intermittent, or one-time. Once the labor certification is approved, the employer can file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
The H-2B visa program operates under an annual cap, allowing only 66,000 visas per fiscal year, divided into 33,000 for the first half of the year and 33,000 for the second half. Due to high de-mand, USCIS often conducts a lottery to determine which petitions are processed. If the petition is selected and approved, foreign workers outside the U.S. must apply for an H-2B visa at a U.S. embassy or consulate by completing Form DS-160, paying the required visa fee, and attending a visa interview. If approved, they can travel to the U.S. and begin employment with the sponsor-ing employer. The initial period of stay is typically up to one year, with the possibility of exten-sions in increments of up to one year, for a maximum stay of three years. Employers must comply with all labor regulations, including providing fair wages and working conditions.
H-2B visa holders must adhere to the conditions of their visa, including working only for the sponsoring employer and departing the U.S. upon visa expiration unless an extension is granted. Workers who complete their authorized stay must leave the U.S. for at least three months before applying for a new H-2B visa. Unlike some other work visas, the H-2B visa does not offer a di-rect path to permanent residency. However, some workers may qualify for employer-sponsored Green Cards under other employment-based visa categories. Given the competitive nature and regulatory complexities of the H-2B program, both employers and applicants should consult an immigration attorney to navigate the process successfully.
