H-2B Temporary Non-Agricultural Worker Visa Lawyer
H-2B Visa
The H-2B visa allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs when there are not enough U.S. workers available to fill them. Chary Law advises employers building H-2B programs and workers seeking H-2B placement.
Overview of the H-2B Visa
H-2B status is normally approved for the period covered by the employer’s temporary labor certification and may be extended in increments of up to one year, with a new certification required for each extension. Three years is the maximum total time a worker may hold H-2B status. After reaching that limit, the worker must leave the United States and remain outside the country for at least 60 uninterrupted days before returning in H-2B status, and time previously spent in other H or L classifications counts toward the three year total.
Congress caps the category at 66,000 visas per fiscal year, divided into 33,000 for jobs starting between October 1 and March 31 and 33,000 for jobs starting in the second half of the year. Demand routinely exceeds the cap, so filing strategy and timing carry real weight.
Who Qualifies for an H-2B Visa
- Temporary need: the employer’s need for the work must be temporary, resting on a one-time occurrence, a seasonal need, a peak-load need, or an intermittent need.
- No available U.S. workers: the employer must show there are not enough U.S. workers who are able, willing, qualified and available to perform the work.
- No adverse effect: employing H-2B workers must not undercut the wages or working conditions of U.S. workers in comparable jobs.
- Temporary labor certification: the employer generally must hold a valid temporary labor certification from the U.S. Department of Labor before filing the petition.
- Non-agricultural work: the position must fall outside agriculture, which is handled under the separate H-2A category.
How the H-2B Process Works
- Labor certification: the employer applies to the U.S. Department of Labor and completes the required recruitment of U.S. workers before certification issues.
- Form I-129 petition: with certification in hand, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
- Visa and admission: once the petition is approved, workers abroad apply at a U.S. embassy or consulate and are inspected at the port of entry.
- Ongoing reporting: employers must notify USCIS when a worker fails to report for work, leaves early, or is dismissed.
H-2B Spouse and Family Options (H-4 Dependent Visa)
A spouse and unmarried children under 21 may seek admission in H-4 status. H-4 dependents may live in the United States and attend school, but they are not authorized to work while holding that status.
Because H-4 eligibility depends on the principal worker keeping valid H-2B status, families are best served by planning extensions together rather than separately. We coordinate dependent filings alongside the employer petition so that everyone’s status stays aligned.
Schedule a Consultation With Chary Law
Chary Law advises employers and workers on H-2B petitions, labor certification strategy, and cap timing. Contact us to discuss your situation.
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. No attorney-client relationship is formed by reading this content. Results in prior cases do not guarantee future outcomes. Please consult with a qualified immigration attorney regarding your individual circumstances.