1. What is H2B visa?

The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.
Note: This visa is also used for entertainers going on a tour, for film workers or professional minor league players

2. What is a 'one-time occurrence'?

The petitioner must establish that the petitioner has not employed workers to perform the services or labor in the past and the petitioner will not need workers to perform the services in the future, or that it has an employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary occurrence.
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3. What is a 'seasonal need'?

The petitioner must establish that the services or labor is traditionally tied to a season of the year by an event or pattern and is of a recurring nature. The petitioner shall specify the period(s) of time during each year in which it does not need the services or labor. The employment is not seasonal if the period during which the services or labor is not needed is unpredictable or subject to change or is considered a vacation period for the petitioner's permanent employees.
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4. What is an 'intermittent need'?

The petitioner must establish that it has not employed permanent or full-time workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods
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5. 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.

NoteThe 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.
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6. 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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7. What privileges do I enjoy on H2B visas?

On H2B visas you may:

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

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

The limitations of H-2B visa are:

• 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
• 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
• H-2B time counts whether you are in the U.S. or abroad
• H-2B dependents may not work in the U.S.

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

The requirements are:

• An U.S. employer may file an application requesting temporary foreign nonagricultural labor certification
• The employer may be an individual proprietorship, a partnership or a corporation. An association of employers may file as a sole employer, a joint employer with its members, or as an agent of its members
• 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.
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10. How long can I stay in the U.S. on H2B visa?

The H-2B Labor Certification application is valid for the period of employment indicated on the Form ETA-750A. However, the validity period may not exceed one year. You may stay for two more years with two one year increments. With initial one year and two one year extensions you can stay for three years on this visa.
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11. Can I stay longer than a year on H-2B visa?

The employer's need may generally be only for one year. However, the need, under the 'extraordinary circumstances' provision, may ultimately be longer than one year if the extended need could not be anticipated at the time of application.

Note: An example might be the case of a hurricane that destroyed a large bridge. It will take 11 months to replace the bridge. After the application is approved for this 'one time' occurrence, the employer demonstrates that the work cannot be completed in 11 months based on circumstances which did not exist at the time the employer first petitioned for the foreign national. The work will now take 14 months. The employer would file another application for the three additional months.
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12. Can I extend my stay on H-2B visa?

Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H2B extension request
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13. Can I change status on H-2B?

Yes, you may apply for change of status on H-2B visa. If you are changing the job or employer (like H-2B to H-2A), have your new employer file Form I-129, Petition for Nonimmigrant Worker at the USCIS Regional Service Center with jurisdiction over your residence.

Note: H-2B certification is issued to the employer, not the worker, not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.
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14. Can I study on H-2B visa?

Yes, you may study on H-2B visa. However, you may not join a full length program like an F-1. You may take up a few credits at a university when they do not harm the primary interest of your H-2B visa.
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15. Can I bring my dependents on H-2B visa?

Yes, you may bring your dependents while on H-2B visa. Your spouse and unmarried children are entitled to an H-4 visa and they may stay as long as you have a valid H-2B status.
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16. Can my dependents work on H-4 visa?

No, they may not work on H-4 dependent visa. They have to apply for appropriate Work Visa.
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17. Can my dependents study on H-4 visa?

Yes, they may study on H-4 visa. They do not have to apply for separate F-1 student visa. They may study on the same dependent H-4 visa.
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18. Are there any travel restrictions on H-2B visa?

There are no travel restrictions on H-2B visa. You may travel as many number of times as required before the expiry of your H-2B status. The USCIS also does not impose any time limit on your stay abroad.
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19. What is the processing time for H-2B visa?

The employer should file the H-2B petition at least 60 days but not more than 120 days before the worker is needed. As this is a lengthy process, the employer must allow enough processing time for delays and correction of application errors.

Note: SWA's have been instructed to return H-2B certification applications filed more than 120 days before the worker is needed
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20. What is the general procedure to obtain a temporary Labor Certification?

A temporary Labor Certification must be obtained from the U.S. Department of Labor to employ temporary or seasonal workers. Before the USCIS can approve an employer's petition for such workers, the employer must file an application with the Department stating that there are not sufficient workers who are able, willing, qualified, and available and that the employment of foreign nationals will not adversely affect the wages and working conditions of similarly employed U.S. workers.
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21. What is the validity of temporary Labor Certification?

A temporary labor certification is:

• Valid only for the number of foreign nationals, the occupation, the area of employment, the specific activity, the period of time, and the employer specified in the certification
• Limited to one employer's specific job, opportunity; it may not be transferred from one employer to another

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22. When should the Labor Certification Application for H-2B visa be filed?

A complete DOL Form ETA-750, Application for Alien Labor Certification, must be filed at least 45 days before the first date on which H2B workers are needed. If it is accepted or amended within the required time frame and complies with the regulations, the regional administrator will make a certification determination 30 days before the date on which the workers are needed.

Note: In emergency situations the regional administrator may waive the time period specified, provided the regional administrator has an opportunity to obtain sufficient labor market information on an expedited basis on the U.S. worker availability. However, none of the minimum conditions of employment (wages, housing, and other benefits) are waived.
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23. How will I know when my H-2B visa application is accepted for consideration?

If your application is accepted for consideration, the regional administrator will notify the employer in writing.
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24. How will I know if my H-2B visa application is not considered?

If your application is not accepted, then the regional administrator will notify the employer in writing within seven days after receipt of the application.

The regional administrator's notice of nonacceptance will:

• State why the employer's application is not acceptable
• State changes necessary for the application to be accepted for consideration
• Allow the employer five calendar days to resubmit the application
• Outline procedures employer may use to appeal the RA's nonacceptance

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25. Can my employer re-submit the amended application for H-2B visa?

Yes, your employer may resubmit the H-2B visa application with modifications. In such instances, the employer should file the amended application within five days of the regional administrator's notice of non-acceptance. The amended application must be filed with the regional administrator (with a copy to the SWA).
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