H-2B Non-Agricultural Temporary Workers

Temporary Non-Immigrant Work Visas

A non-immigrant visa grants you temporary stay in the United States. When your visa expires, you must leave the United States unless you have applied for Legal Permanent Residency.

U.S. employers may bring foreign nationals to the United States to fill temporary non-agricultural jobs with an H-2B visa. The employer must file Form I-129, Petition for a Nonimmigrant Worker, in order to bring a foreign worker to the United States.

What are the Qualifications for an H-2B Visa?

Temporary or seasonal employment

Proof that U.S. workers are unavailable

Proof that H-2B workers will not adversely affect wages of similarly employed U.S. workers

Temporary labor certification from the U.S. Department of Labor included with the H-2B petition

When does the H-2B visa expire?

The H-2B visa is good for the time authorized on the temporary labor certification. This may be extended for up to 1 year. However, a petitioner must submit a new temporary labor certification with the request for extension. The maximum period of stay is 3 years.

Temporary agricultural workers with an H-2B visa for 3 years must leave the United States and remain outside of the country for 3 months before seeking readmission with an H-2B visa. There are some exceptions to this. Please contact us for more information.

Is there a cap on H-2B visas?

The government caps or limits the numbers of H-2B visas for non-agricultural temporary workers it issues each year. The most recent cap is at 66,000 per fiscal year. Half of these visas is for workers who begin working in the first half of the fiscal year, i.e., October 1 and the second grouping is for those who would start work on April 1.

Family of H-2B Workers

The spouse of an H-2B temporary non-agricultural worker and his or her unmarried children under the age of 21 may be admitted to the United States with an H-4 visa. However, they may not obtain work authorization.

Total Dedication

Whether your immigration concern is for non-agricultural temporary workers or some other area of immigration, you can count on our experience and dedication.

Our immigration law firm can assist you with obtaining permanent residency, citizenship, marriage-based adjustment, work or other type of visas, deportation defense and asylum. An immigration lawyer can also assist your business immigration issues by obtaining a Professional Foreign Workers Visa (H-1B), a Temporary Nonagricultural Workers Visa (H-2B), a Temporary Visitor for Business (B-1), a student visa, a visa for Persons of Extraordinary Ability (O-1) and others.

Please contact us for more information about your case so that we may determine and then pursue your best option. With our firm on your side, you will have an immigration lawyer directly available to you. Contact us to schedule a consultation.