H-2B Program – Non-Agricultural Workers

H-2B Program – Non-Agricultural Workers

H-2B Program – Non-Agricultural Workers

The H-2B Program permits employers to temporarily hire non-immigrants to perform non-agricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as:

  • One-time occurrence;
  • Seasonal needs;
  • Peak load need; or
  • Intermittent need.

The H-2B Program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification.  The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

The H-2B application process can take over 6 months to be completed.  Also, there are a limited number of H-2B visas available each year, which may limit your ability to hire the number of guest workers needed for your business.  Therefore, timing is critical, and you should avoid any delays in making your decision.

The H-2B application process involves various different steps, including

  • The filing of forms and completing processes with various federal and state agencies, such as the prevailing wage process, for obtaining an approved Department of Labor Temporary Labor Certification;
  • The filing of the applicable forms to obtain an approved USCIS Petition for Non-immigrant H-2B guest workers;
  • The filing of the applicable forms for obtaining approved Department of State visas for the guest workers; and,
  • The logistics to make sure that the guest workers arrive at your job location on time.

H-2B Yearly Cap

As of the date hereof, there is a limit of 66,000 H-2B visas that can be issued each fiscal year (October 1 to September 30).  This yearly cap is divided into 33,000 visas available for employment starting October 1 to March 30, and 33,000 visas available for employment starting April 1 to September 30.

Please contact us if you require more information