Many employers need additional employees on a temporary or seasonal basis. Some struggle to find local U.S. workers to fill these necessary jobs. For employers who cannot fill their temporary positions with U.S. workers, the H-2B visa program can help.
The H-2B visa program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. The applicant must be a U.S. employer with a job opportunity located within the United States.
To qualify for an H-2B visa:
- The employer must establish that its need for the prospective worker’s services or labor is temporary. The employer’s need is considered temporary if it is a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need
- The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work
- The employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
There is a statutory cap on the number of workers who may be issued an H-2B visa during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30).
The U.S. Department of Labor has significantly revised the procedures for applying for an H-2B temporary worker visa. The final rule will go into effect on April 23, 2012. We are prepared to navigate these new requirements for our clients and will be providing additional information and updates on the revised process.
If you are a U.S. employer and want to sponsor H-2B workers, please schedule a consultation to start your case.