The H-2B Visa Program Overview

To receive an H-2B temporary labor certification, the employer must establish that:

1. There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
2. The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
3. Its need for the worker's services or labor is temporary, regardless of whether the underlying job can be described as temporary. With the exception of a one-time occurrence need that could last up to three (3) years, temporary need will not be approved for longer than 9 months. The employer's need is considered temporary if it is a(n):

• one-time occurrence - An employer claiming a one-time occurrence must show that it has:
• Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or
• An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
• seasonal need - An employer claiming a seasonal need must show that the service or labor for which it seeks workers is:
• Traditionally tied to a season of the year by an event or pattern; and
• Of a recurring nature.
• peakload need - An employer claiming a peakload need must show that it:
• Regularly employs permanent workers to perform the services or labor at the place of employment;
• Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and
• The temporary additions to staff will not become part of the employer's regular operation.
• intermittent need - An employer claiming an intermittent need must show 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

H-2B Application Process

Step 1: Employer Obtains a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center (NPWC) The PWD must be valid either on the date recruitment begins or the date of filing a complete Application for Temporary Employment Certification

Step 2: File a job order and Temporary Labor Certification Application with the Department of Labor (DOL).

Step 3: Conduct Recruitment in designated area, including placing job advertisements and contacting previous former U.S. workers.

Step 4: File H-2B Petition for Non-immigrant worker application with the United States Citizenship and Immigration Services (USCIS)

Step 5: Bring in your foreign labor workers!



Contact our firm for assistance with your immigration needs.