H-2B Visa

General Information

The H-2B classification applies to an alien coming temporarily to engage in non-agricultural employment which is seasonal or intermittent, to meet a peak load need, or to participate in a one-time occurrence.

Eligibility Requirements

In order to qualify for an H-2B visa the employee must be coming to engage in, seasonal, intermittent or peak load non-agricultural job from an U.S. employer. The US employer must apply for a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards.

The US employer must file the H2-B petition with USCIS together with:

A certified Labor Certification or evidence overcoming the reason why the certification was not granted
Evidence that the alien meets the minimum requirements for the position stated in the certification.