H2B Visa

Frequently Asked Questions & Answers

6. What is the responsibility of the employer in establishing 'temporary need' for H-2B workers?

The employer has the burden of establishing that the need for H-2B workers is temporary and is either a one time, seasonal, peak, or intermittent need in his/her application. Documentation might include contracts, lists of projects and timeframes, as well as narrative explanations.

Note: The existence of a single short term contract in an industry such as construction does not, by itself, document temporary need if the nature of the industry is for long term projects which may have many individual contracts for portions of the overall project. The employer must demonstrate its need is temporary, and is either a one time, seasonal, peak load, or intermittent need.


7. Is an H-2B visa issued only for temporary jobs?

The nature of the job itself is irrelevant. What is relevant is whether the employer’s need is truly temporary. In some situations, the employer’s need may create a temporary job opportunity in an employment situation which may otherwise have been permanent in nature.

Note: A temporary job opportunity could be created because the incumbent (who holds the position of permanent factory foreman) was injured or is otherwise unavailable for a period of less than one year, or additional workers are needed during a busy period. The temporary period must have a clear beginning and end.

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8. What privileges do I enjoy on H2B visas?

On H-2B visas you may:

  1. Enter the U.S. for a temporary work and enjoy all employee benefits
  2. Get your dependents to stay with you in the U.S.
  3. Travel freely in and out of the U.S. on H-2B visa
  4. Change jobs if you can show a new job offer

9. What are the limitations of H-2B visa?

The limitations of H-2B visa are:

  1. The job must be temporary in nature and the need is for one year or less. The employer’s need may not be ongoing or continuous
  2. The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need
  3. H-2B time counts whether you are in the U.S. or abroad
  4. H-2B dependents may not work in the U.S.

10. What are the requirements for H-2B visa employer?

The requirements are:

  1. The job must be temporary in nature and the need is for one year or less. The employer’s need may not be ongoing or continuous
  2. An U.S. employer must file an application requesting temporary foreign nonagricultural labor certification
  3. The employer may be an individual proprietorship, a partnership or a corporation.
  4. In some Limited circumstances, An authorized agent, whether an individual (e.g., an attorney) or an entity (e.g., an association), may file an application on behalf of an employer. Associations may file master applications on behalf of their members

Note: Many of the benefits that must be included in a job offer and other conditions that must be satisfied will be dependent upon what prevailing practices exist in the same occupation and area. Employers are advised that it is desirable to make an independent determination of factors such as prevailing wages and employer practices before filing an application.