H2B Temporary Non-Agricultural Workers

What is H2B Visa

The H2B Visa is a U.S. non-immigrant visa that allows employers to hire foreign workers temporarily for non-agricultural jobs when there is a shortage of U.S. workers. It is typically used for seasonal, peak load, intermittent, or one-time need roles in industries like hospitality, landscaping, construction, seafood processing, and tourism.

H2B Visa Requirements

To qualify for an H2B visa:

• The employer must demonstrate a temporary need for workers due to a seasonal or one-time demand.

• The job must be non-agricultural and temporary in nature (usually less than one year).

• The employer must obtain a temporary labor certification from the U.S. Department of Labor.

• The foreign worker must be from a country listed on the H2B eligible countries list (as designated by the Department of Homeland Security).

• The employer must show that there are not enough U.S. workers who are willing, qualified, and available for the position.

H2B Visa Process

The H2B application process involves several steps:

1. Employer files a temporary labor certification (TLC) with the U.S. Department of Labor (DOL).

2. Once approved, the employer submits Form I-129 to USCIS, including the TLC.

3. If USCIS approves the petition, the foreign worker applies for the H2B visa at a U.S. embassy or consulate in their home country using Form DS-160.

4. The applicant attends a visa interview, submits biometrics, and provides required documents.

5. Upon approval, the H2B visa is issued, and the worker can travel to the U.S. to begin employment.

H2B Visa Processing Time

• Temporary Labor Certification (TLC): Around 60–90 days.

• USCIS Petition (Form I-129): Usually 2–4 months.

• Premium Processing (Optional): 15 calendar days (additional fee).

• Visa Interview & Stamping: May take a few weeks, depending on embassy/consulate workload.

• Total Processing Time: Typically 3 to 6 months from start to finish, but may vary depending on demand and country-specific timelines.