H-2B Temporary Workers

H-2B visas are for individuals coming temporarily to the U.S. to perform services or labor. The employer must demonstrate that no U.S. workers capable of performing the service or labor are available in the U.S., and that employment of the H-2B worker will not adversely affect wage rates and working conditions of similarly employed U.S. workers.

To determine whether the job is temporary, the employer must demonstrate that the request for labor is a one-time occurrence, a seasonal need, or an intermittent need. Generally, H-2B petitions are approved for one year or less.

Before filing the H-2B petition with U.S. Citizenship & Immigration Services (USCIS), the employer must obtain a temporary labor certification approval from the U.S. Department of Labor (DOL), which can take several months. Although the DOL’s approval or denial is given great weight, USCIS is not bound by the DOL’s decision. H-2B petitions can be filed with a request for premium processing, which guarantees a response from USCIS within 15 days upon payment of an additional $1000 fee and allows immigration counsel or the petitioner to make direct contact with USCIS concerning the case. Regular processing usually takes several months, although the time frame depends upon the current processing times for each USCIS Service Center.

An employer that dismisses an H-2B worker before the end of the approved period of must pay the reasonable cost of the worker’s transportation to his or her last city of residence.