H-2B Temporary Non-Agricultural Workers

The H-2B program allows qualified U.S. employers or U.S. agents to bring foreign nationals to the U.S. to fill temporary nonagricultural jobs.  To qualify for H-2B nonimmigrant classification, the petitioner must establish that: (1) there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work; (2) employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers; and (3) the need for the prospective worker’s services or labor is temporary regardless of whether the underlying job can be described as temporary.  The employer’s need is considered to be temporary if it is a one-time occurrence, seasonal, peakload, or intermittent. 

There is a statutory limit, or “cap” on the total number of 66,000 foreign nationals who can be issued H-2B visas or granted H-2B status each fiscal year, with 33,000 issued to foreign nationals who will begin work in the first half of the fiscal year (October 1 – March 31) and 33,000 workers who begin work in the second half of the fiscal year (April 1 – September 30).  Once the cap is reached, USCIS can only accept applications from workers exempt from the H-2B cap, which includes workers in the United States in H-2B status who extend their stay, change employers, or change the terms and conditions of employment as well as H-2B workers who have previously been counted against the cap in the same fiscal year in which the proposed employment begins.  Additionally, fish roe processors, fish roe technicians, and supervisors of fish roe processing are exempt from the H-2B cap.   

If you would like to consult with an experienced HSPRD attorney about obtaining
H-2B temporary nonagricultural worker status for your current or prospective employees, please contact our Firm (312) 239-7675 or info@chicagovisalawyers.com