info@ebfilingexperts.com
Help / Support / Contact

H-2B Visa - Temporary Non-Agricultural Worker

The H-2B visa allows U.S. employers to hire foreign nationals to fill temporary, non-agricultural jobs where insufficient qualified U.S. workers exist

Schedule Employer Consultation View Requirements

66,000

Statutory Annual Cap
(Often Supplemented)

1 Year

Initial Maximum
Period of Stay

3 Years

Maximum Total Stay
(with Extensions)

I-129

Required Employer
Petition

H-2B Visa Overview

The H-2B program is employer-driven and strictly for non-agricultural work that is temporary in nature. This visa category enables U.S. businesses to meet their temporary labor needs when qualified American workers are unavailable.

H2B Temporary Workers

Plan Ahead

Cap fills quickly each year

Key Program Features

Temporary Non-Agricultural Work

For seasonal, peak load, intermittent, or one-time occurrence positions

Employer Sponsored

U.S. employer must petition on behalf of the foreign worker

Labor Market Test Required

Employer must prove no qualified U.S. workers are available

Prevailing Wage Protection

Must pay the prevailing wage to protect U.S. workers' wages

H-2B Eligibility Requirements

Employer Requirements

  • Demonstrate the job is Temporary (lasting no more than one year)
  • Prove that no qualified U.S. workers are able, willing, or available to fill the position
  • Offer a wage that meets or exceeds the prevailing wage
  • Job must be in a non-agricultural sector (e.g., hospitality, construction, landscaping)
  • Obtain approved Temporary Labor Certification from Department of Labor

Worker Requirements

  • Must be a national of a designated country (most countries qualify)
  • Have a job offer from a U.S. employer for temporary work
  • Meet the qualifications and requirements for the specific position
  • Intend to return to home country after temporary work period
  • Valid passport and ability to obtain H-2B visa stamp

Four Types of Temporary Need

The H-2B program recognizes four categories of temporary labor needs

Seasonal Need

Work tied to a season of the year by an event or pattern, and recurring annually

Examples:
  • Summer resort staff
  • Winter ski resort workers
  • Holiday season retail workers
  • Summer landscaping crews

Peak Load Need

Temporary need to supplement permanent staff due to short-term, seasonal demand

Examples:
  • Tourism industry peak seasons
  • Hospitality during conventions
  • Construction project overload
  • Tax season accounting support

Intermittent Need

Employer has not employed permanent workers and needs occasional workers for short periods

Examples:
  • Inventory auditors
  • Equipment maintenance specialists
  • Seasonal festival workers
  • Temporary event staff

One-Time Occurrence

A temporary event of short duration creates a need for temporary workers

Examples:
  • One-off construction projects
  • Special event setup/breakdown
  • Corporate reorganization
  • Emergency disaster recovery

H-2B Application Process

A multi-step process requiring coordination between employer and worker

1

Temporary Labor Certification (DOL)

The U.S. employer files Form ETA-9142B with the Department of Labor (DOL) to:

  • Confirm the temporary nature of the need
  • Demonstrate recruitment efforts for U.S. workers
  • Establish prevailing wage determination
Timeline: 60-75 days before needed

2

USCIS Petition (Form I-129)

Once Labor Certification is approved, employer files Form I-129, Petition for a Nonimmigrant Worker with USCIS:

  • Include approved Labor Certification
  • Submit supporting documentation
  • Pay filing fees
  • Premium processing may be available
Processing: 2-4 months (regular) Premium: 15 days

3

Consular Processing (DS-160)

After I-129 petition approval (Form I-797), the foreign worker:

  • Completes online Form DS-160
  • Schedules visa interview at U.S. Embassy/Consulate
  • Attends interview with required documentation
  • Receives H-2B visa stamp in passport
  • Can then enter the U.S. to begin work
Critical: Plan Ahead for Cap Limitations

The statutory annual cap of 66,000 visas is consistently met on the very first day (split between two filing periods). Employers must plan months in advance and file as early as possible. Congress occasionally authorizes returning worker exemptions and supplemental cap increases.

Common H-2B Industries

Hospitality & Tourism
  • • Hotel staff
  • • Resort workers
  • • Restaurant servers
  • • Housekeeping
Landscaping
  • • Groundskeepers
  • • Tree trimmers
  • • Garden maintenance
  • • Lawn care
Construction
  • • Carpenters
  • • Laborers
  • • Equipment operators
  • • Concrete workers
Seafood Processing
  • • Crab pickers
  • • Fish processors
  • • Oyster shuckers
  • • Plant workers
Recreation
  • • Ski instructors
  • • Lifeguards
  • • Amusement park staff
  • • Camp counselors
Transportation
  • • Bus drivers
  • • Delivery drivers
  • • Warehouse workers
  • • Moving staff
Food Service
  • • Cooks
  • • Kitchen staff
  • • Catering workers
  • • Food prep
Manufacturing
  • • Assembly line workers
  • • Machine operators
  • • Quality control
  • • Packaging staff

Family and Dependents

Spouses and unmarried children under 21 years of age may accompany the principal H-2B worker by applying for an H-4 nonimmigrant visa.

H-4 Benefits:
  • Live in the U.S. with H-2B worker
  • Attend school (K-12 and college)
  • Same period of stay as H-2B principal
Important: H-4 dependents are generally not authorized to work in the United States under this status.

Prohibited Activities

  • Working for a different employer than the one named on the approved I-129 petition
  • Engaging in work that is permanent or long-term in nature
  • Remaining in the U.S. beyond authorized period (maximum of 3 years total)
  • Using the visa to seek Permanent Residency, as the H-2B is a nonimmigrant visa
  • Changing jobs without new petition approval from USCIS

Don't Miss the H-2B Filing Window

The statutory annual cap of 66,000 visas is consistently met on the very first day. Failure to plan months in advance means losing out on essential temporary labor for your business.

Secure Your Consultation to Start Planning

Explore Related Work Visa Options

H-2A Visa

For temporary or seasonal agricultural work

Learn More

H-1B Visa

For specialized occupation workers requiring a bachelor's degree

Learn More

L-1 Visa

For intracompany transfers of executives and managers

Learn More

EB Filing Experts

Dallas-based immigration specialists focused on Employment-Based green cards and work visas.

info@ebfilingexperts.com +1 (214) 679-6818 Dallas, TX 75234

Office Hours

Monday - Friday:

09:00 AM to 06:00 PM CST

Saturday:

By Appointment Only

Sunday:

Closed

Schedule Consultation

Popular Visas

EB-1A Extraordinary Ability EB-2 NIW (National Interest) O-1A Work Visa H-1B Specialty Occupation F-1 Student Visa J-1 Exchange Visitor Family-Based Visas

Quick Links

Home About Us Our Services Blog & Resources FAQs Client Reviews Contact Us
Stay Updated

Follow us on social media for immigration news and updates.

EB Filing Experts , 2025. All rights reserved.
Dallas Immigration Specialists | Contact Us | About Us