H-2B Visa for Seasonal Workers

The H-2B visa allows U.S. employers to bring foreign nationals to fill temporary jobs, particularly for industries that experience seasonal demand. Our experienced immigration attorneys at ILOLA are here to help businesses in hospitality, landscaping, and other industries navigate the H-2B visa process to meet workforce needs effectively. 

We help businesses nationwide with their H-2B visa needs. Our immigration attorneys specialize in guiding employers through the intricacies of the H-2B visa process, ensuring compliance with U.S. immigration laws while helping you meet your staffing demands as quickly as possible. 

In this article:
H-2B Visa Qualifications
H-2B Visa Document Requirements
H-2B Visa Application Process
H-2B Maximum Stay, Caps and Extensions
H-2B Visa Costs
Work with ILOLA for H-2B Visas

H-2B Visa Qualifications: Who is Eligible?

The H-2B visa is designed for U.S. employers who need to hire foreign nationals for temporary, non-agricultural jobs that cannot be filled by U.S. workers. However, both the employer and the job position must meet certain qualifications to be eligible for the program. Here’s what you need to know about the key requirements:

H-2B Visa Employer Qualifications

To qualify for the H-2B visa program, employers must demonstrate that their need for foreign workers is temporary and that U.S. workers are not available for the positions. The employer must meet the following criteria:

Temporary Need 

Employers must prove that the need for the foreign worker is temporary, even if the job itself is not. Temporary need must fall into one of the following categories:

Seasonal

You have a recurring need traditionally associated with a particular season. You will need to specify the period of time during each year in which you do not need the services or labor. The work will not be considered seasonal if the times when you don’t need the help are unpredictable, subject to change, or a vacation period for your regular employees. 

Examples of seasonal positions include fishermen, seafood processors, and seafood plant laborers. Furthermore, jobs in hotels, restaurants at ski resorts, and summer vacation hotspots might qualify, as well as construction laborers if the construction is to take place during non-winter months.  

Peak Load

You must show that you have a permanent staff, but an influx of work requires temporary workers to handle the increased demand.

Intermittent

An intermittent need comes up when you don’t have enough full-time staff and need to use occasional workers to keep the business going.  Jobs such as painting an interior or exterior of a home or engaging in snow removal labor may be acceptable if you have never employed workers in these positions before.

One-Time Need

For a need based on a one-time occurrence, you need to show that you have not employed anyone to do the work in the past and won’t need anyone to do it in the future, or that you have an employment situation that is normally permanent but the need was created by a temporary, short-term event. One common example is a live-in nanny for a private household.

Other Requirements

Recruitment of U.S. Workers

The employer must make a good faith effort to hire U.S. workers before turning to foreign labor. This involves advertising the job and offering it to U.S. workers under the same conditions. If no qualified U.S. workers are available, the employer can move forward with the H-2B application process.

Compliance with Wage Requirements

Employers must offer a wage that meets or exceeds the prevailing wage for the role in the geographic location where the work will be performed, as determined by the Department of Labor (DOL). This ensures that hiring foreign workers does not negatively affect the wages and conditions of U.S. workers in similar roles.

H-2B Visa Job Qualifications

The H-2B visa is only applicable for specific types of jobs that meet the following requirements:

• Non-Agricultural Roles: The H-2B visa cannot be used for jobs in the agricultural sector. It is intended for roles in industries such as hospitality, construction, landscaping, restaurants, maintenance, and similar fields.
• Temporary or Seasonal: The job must be temporary or seasonal in nature, meaning it has a defined start and end date. This could include positions that arise from fluctuations in customer demand, seasonal projects, or one-time events.
• Full-Time Employment: The job must offer full-time employment, generally defined as 35 or more hours per week. Part-time roles do not qualify for the H-2B visa program.

H-2B Visa Worker Qualifications

Foreign nationals applying for the H-2B visa must meet the following criteria:

Required Skills or Experience: Depending on the job, foreign workers may need to demonstrate that they have the required skills or experience to perform the role. This is especially relevant for skilled positions such as cooks, maintenance workers, or lifeguards.

Temporary Employment Agreement: The foreign worker must have a valid job offer from a U.S. employer who is willing to sponsor their H-2B visa application. The job offer must be temporary, with a defined duration.

Proof of Non-Immigrant Intent: The applicant must show that they intend to return to their home country after the temporary employment period. While the H-2B visa allows workers to stay in the U.S. for up to one year (with the possibility of extensions for up to three years), it is a non-immigrant visa, meaning workers must maintain ties to their home country and plan to return after their work assignment ends.

H-2B Visa Document Requirements

Both employers and foreign workers must provide the necessary documentation during the H-2B application process:

Employer Documentation:

• Job offer letters and contracts that specify the terms of employment.
• Proof of temporary labor certification from the Department of Labor (DOL), showing the inability to find U.S. workers.
• Evidence of recruitment efforts, such as job postings and recruitment reports.
• Proof of compliance with wage requirements and adherence to labor regulations.

Worker Documentation:

• A valid passport that covers the entire employment period.
• A job offer letter from the sponsoring U.S. employer.
• Supporting documentation proving temporary intent, such as ties to their home country (property, family, etc.).

H-2B Visa Application Process

Hiring foreign workers under the H-2B visa program involves a multi-step process, but our attorneys are here to streamline each step and ensure full compliance with U.S. labor and immigration regulations. Here’s a breakdown of the process:

1. Determining Job Eligibility

The H-2B visa is designed for temporary, non-agricultural positions that meet one of the following criteria:

• Seasonal Need: The job must be tied to a recurring annual event, such as a holiday season or tourism peak.
• Peak Load Need: Your business must demonstrate an increased demand for workers that exceeds your permanent staff capacity.
• Intermittent Need: For businesses with occasional spikes in labor needs, such as during special projects or events.

Our H-2B visa attorneys will assess your labor needs to ensure that the positions you seek to fill are eligible for the H-2B program.

2. Filing a Temporary Labor Certification (TLC)

Before applying for an H-2B visa, you must first obtain a temporary labor certification from the U.S. Department of Labor (DOL). This process demonstrates that there are not enough U.S. workers available to fill the positions and that hiring foreign workers will not negatively impact the wages and working conditions of similarly employed U.S. workers. We will handle the TLC application, including advertising your job opening to domestic workers to satisfy the DOL’s recruitment requirements.

3. Submitting the H-2B Petition (Form I-129)

Once the DOL certifies the need for foreign workers, the next step is to file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). Our attorneys will assist you in gathering the necessary documentation, including proof of the DOL certification, job details, and supporting evidence, to ensure a smooth filing process.

4. Visa Processing for Foreign Workers

After USCIS approves the petition, your prospective workers will need to apply for the H-2B visa at a U.S. embassy or consulate in their home country. Our team provides guidance to both the employer and employees during this step, ensuring all documentation is in order for a successful visa application. Once the visa is granted, workers can travel to the U.S. and begin employment.

H-2B Maximum Stay and Extensions

The initial stay for an H-2B visa worker is typically granted for the duration of the temporary need, which is usually up to one year. However, employers can request extensions in increments of up to one year, with a maximum stay of three years. After completing the maximum stay, the worker must return to their home country for at least three months before being eligible for another H-2B visa.

H-2B Cap and Exceptions

The H-2B visa is subject to an annual cap of 66,000 visas, split evenly across the first and second halves of the fiscal year. However, there are exceptions to this cap for certain workers, including those who have previously been granted H-2B status within the past three years, as well as certain workers in industries such as seafood processing and hospitality in U.S. territories.

H-2B Visa Costs

As of November 2024, the H-2B visa for employers starts at $460 + a $150 Fraud Prevention and Detection fee, depending on if you have named or unnamed workers and the size of your business. These figures change so please refer to the the USCIS fee calculator to get an estimate on H-2B filing costs.

Work With ILOLA for H-2B Visas

At ILOLA, we have extensive experience in the H-2B visa process, and our attorneys are dedicated to helping businesses like yours thrive. We understand the time-sensitive nature of these applications and will work diligently to ensure your business has the staff it needs when you need it.

• Expertise: Our firm has a deep understanding of labor certification and visa requirements, ensuring that your application complies with all federal regulations.
• Efficiency: We handle all aspects of the H-2B visa process, from labor certification to petition filing, so you can focus on running your business.
• Personalized Service: We work closely with you to understand your unique staffing needs and develop a strategy that ensures a successful outcome.

Industries We Serve

Our law firm specializes in assisting companies from a variety of industries, including, but not limited to:

• Hotels and Resorts: During peak travel seasons, hotels and resorts often need extra staff, including housekeepers, front desk personnel, and maintenance workers. We assist with the process of securing H-2B workers to ensure smooth operations during high-demand times.
• Hospitality: Seasonal peaks in tourism and events mean a higher demand for waitstaff, bartenders, and event coordinators. We help hospitality businesses streamline the hiring process for temporary foreign labor, ensuring compliance with immigration laws.
• Restaurants: Whether your restaurant needs extra cooks, servers, or kitchen staff during busy holiday seasons or tourism peaks, the H-2B visa program can be a reliable solution for filling these positions with qualified foreign workers.
• Landscaping and Groundskeeping: Many landscaping companies experience increased demand during the spring and summer months. We assist in filing H-2B visas for landscapers, groundskeepers, and maintenance workers to keep up with seasonal demands.
• Housekeeping: Housekeeping services are often in high demand in industries like hotels and vacation rentals, especially during peak travel periods. We can help you secure the staff needed to ensure your property remains clean and welcoming for guests.
• Maintenance Workers: For resorts, hotels, golf resorts, and other facilities that require ongoing maintenance, the H-2B visa provides an opportunity to hire temporary workers for seasonal projects and repairs.
• Lifeguards: Summer months bring an increased need for lifeguards at resorts, water parks, and public pools. Our legal team can assist you in obtaining H-2B visas for trained lifeguards to ensure the safety of your guests during the busy season.
• Cooks and Kitchen Staff: Restaurants, catering companies, and hotels can rely on the H-2B visa to hire experienced cooks, chefs, and kitchen staff during holidays, festivals, and other seasonal events that bring increased demand.
• Other Seasonal Industries: If your business experiences peak periods of operation during specific times of the year—such as amusement parks, ski resorts, or event services—the H-2B visa can be a valuable resource to help you find the temporary labor needed.

Contact ILOLA Today

If you need seasonal workers for your business, the H-2B visa program can be a critical resource. Contact us today at (213) 375-4084 to schedule a consultation. Our employment immigration attorneys will help you navigate the complexities of the H-2B visa process and secure the workforce you need to keep your business operating smoothly.

H-2B Visa FAQ

Does the employer have to pay prevailing wage to the foreign worker?

Yes. The DOL (Department of Labor) will determine the prevailing wage, and employers must pay their H1B workers the prevailing wage or more. However, employers are required to pay the minimum wage if it is greater than the prevailing wage. If you have questions about the prevailing wage for a particular position, especially if you’ve never employed anyone in that position before, a Los Angeles immigration lawyer at our firm can help.

How long is the H-2B visa valid?

H-2B status is valid for the period indicated on the temporary labor certification. In qualifying positions, the classification may be extended in one-year increments, but you will need to obtain a new temporary labor certification each time. 

H-2B workers are allowed to stay for a maximum of three years. There are situations in which time spent outside the country does not count toward the three-year limit. You want to make sure, however, that your worker qualifies for an exception, so you’ll want to discuss this situation with an immigration lawyer.

Once the worker has left the U.S. for at least three straight months, he or she may apply for readmission in the H-2B category. 

Can an H-2B visa lead to permanent residency?

The H-2B is a nonimmigrant visa, meaning that it is temporary and won’t lead to permanent residency or citizenship. However, an H-2B worker may be sponsored for permanent residency while working in the U.S. in H-2B status, but not by the same employer that he is working for. Further, he may find it more difficult to obtain an H-2B visa or admission to the U.S. as an H-2B worker if he has an application for permanent residency pending, even with another employer. 

Which Nationals May Receive an H-2B Visa?

H-2B work permits may only be issued to individuals from countries that have been designated as eligible by Homeland Security, with the approval of the Department of State. At present, those countries are as follows:

Andorra	Fiji	Malta	Serbia
Argentina	Finland	Mauritius	Singapore
Australia	France	Mexico	Slovakia
Austria	Germany	Monaco	Slovenia
Barbados	Greece	Mongolia	Solomon Islands
Belgium	Grenada	Montenegro	South Africa
Bosnia and Herzegovina	Guatemala	Mozambique	South Korea
Brazil	Haiti	Nauru	Spain
Brunei	Honduras	The Netherlands	St. Vincent and the Grenadines
Bulgaria	Hungary	New Zealand	Sweden
Canada	Iceland	Nicaragua	Switzerland
Chile	Ireland	North Macedonia	Taiwan
Colombia	Israel	Norway	Thailand
Costa Rica	Italy	Panama	Timor-Leste
Croatia	Jamaica	Papua New Guinea	Turkey
Republic of Cyprus	Japan	Peru	Tuvalu
Czech Republic	Kiribati	Philippines	Ukraine
Denmark	Latvia	Poland	United Kingdom
Dominican Republic	Liechtenstein	Portugal	Uruguay
Ecuador	Lithuania	Romania	Vanuatu
El Salvador	Luxembourg	Saint Lucia
Estonia	Madagascar	San Marino

More H-2B Questions?

It may be beneficial for your business to hire foreign temporary workers, but the process can be challenging. The experienced lawyers at the Immigration Law Office of Los Angeles, PC have helped countless business owners and employers in various industries obtain the qualified workers necessary for a strong business year. To learn more about the H-2B visa petition process, please call our office at (213) 375-4084 or contact us online.

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