H-2B Visa (Non Agricultural Visa)
H-2B Visa: Temporary Non-Agricultural Workers

Purpose

The H-2B visa program allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs when there is a shortage of U.S. workers. These positions must be:

• • Seasonal.
  • Intermittent.
  • Peak-load.
  • One-time occurrences.

Common industries utilizing H-2B workers include hospitality, landscaping, seafood processing, and construction.

Eligibility Requirements

Employer Obligations:

• • Demonstrate a lack of available, qualified U.S. workers for the position.
  • Ensure that hiring foreign workers will not negatively impact the wages and working conditions of U.S. workers.
  • Obtain a temporary labor certification from the U.S. Department of Labor (DOL).

Worker Qualifications:

• • Be a national of a country designated by the Department of Homeland Security (DHS) as eligible for the H-2B program.
  • Possess the necessary qualifications and experience for the job offered.

Visa Validity and Duration

• • Initial Stay: Up to 1 year.
  • Extensions: Possible in increments of up to 1 year each.
  • Maximum Stay: 3 years.
  • Mandatory Departure: After 3 years, workers must leave the U.S. for at least 3 months before reapplying for H-2B status.

Application Process

Temporary Labor Certification (TLC):

• • Submit a job order and recruitment plan to the DOL.
  • Obtain a Prevailing Wage Determination (PWD).
  • File ETA Form 9142B with the DOL.

USCIS Petition:

• • File Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
  • Include the approved TLC and other supporting documents.

Worker Visa Application:

Once the petition is approved, workers apply for the H-2B visa at a U.S. embassy or consulate in their home country.

Cap and Supplemental Visas for FY 2025

Annual Cap: 66,000 visas, divided into:

• • 33,000 for workers starting employment from October 1 to March 31.
  • 33,000 for workers starting employment from April 1 to September 30.

Supplemental Visas: An additional 64,716 H-2B visas were made available for FY 2025 to address labor shortages:

• • 44,716 for returning workers who held H-2B status in FY 2022, 2023, or 2024.
  • 20,000 reserved for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of prior H-2B status.
  • Employers seeking these supplemental visas must attest that they are experiencing or will experience irreparable harm without the ability to employ all the H-2B workers requested.

Important Updates Effective January 17, 2025

• • USCIS implemented new regulations enhancing the integrity of the H-2B program:
  • Petitions filed on or after this date may be denied if the employer or its predecessor has committed certain labor law violations or violated H-2A or H-2B program requirements.
  • A revised Form I-129 (edition date 01/17/25) must be used for all filings from this date forward.