🧾 What Is the H-2B Visa?

Mia Giacomazzi
Oct 24
2 min read

The H-2B visa program allows U.S. employers or agents who meet specific requirements to hire foreign nationals for temporary non-agricultural jobs — such as landscaping, construction, hospitality, and other seasonal industries.

Who Qualifies for H-2B Classification

To qualify, the employer (petitioner) must prove:

There are not enough U.S. workers able, willing, qualified, and available to do the temporary work.
Hiring H-2B workers will not adversely affect the wages or working conditions of similarly employed U.S. workers.
The need for the foreign worker’s services is temporary, even if the underlying position is ongoing.

An employer’s need is considered temporary if it fits one of the following categories:

1️⃣ One-Time Occurrence

The employer has a temporary event creating a short-term need. They have not hired for this work in the past and will not need workers in the future.

2️⃣ Seasonal Need

The work is tied to a particular season or pattern and recurs each year. It cannot be unpredictable or subject to change, nor can it represent a vacation period for permanent staff.

3️⃣ Peak Load Need

The employer has a permanent workforce but needs to temporarily supplement staff due to seasonal or short-term demand. The additional workers will not become part of regular operations.

4️⃣ Intermittent Need

The employer has no permanent staff for the work but occasionally needs temporary workers for short periods.

Family of H-2B Workers

An H-2B worker’s spouse and unmarried children under 21 may apply for H-4 status to accompany them to the United States. However, H-4 dependents cannot work while in the U.S.

The Application Process

1️⃣ Prevailing Wage Determination: The employer requests a certified wage rate from the Department of Labor (DOL).

2️⃣ Temporary Labor Certification: The employer applies to DOL to confirm there’s a genuine temporary need.

3️⃣ Petition with USCIS: After certification, Form I-129 is filed with U.S. Citizenship and Immigration Services (USCIS).

4️⃣ Consular Processing / Visa Issuance: Once approved, the worker applies for a visa at a U.S. consulate abroad.

Validity and Extensions

The H-2B visa is generally valid for the duration of the temporary job, up to one year. It can be extended in one-year increments for a maximum of three years.

After three years, the worker must depart the U.S. for at least three months before reapplying.

Common Challenges

⚠️ Strict deadlines and visa caps: Only 66,000 visas are available each year, split between two seasonal periods.

⚠️ Complex DOL compliance: Employers must follow precise recruitment, wage, and documentation rules.

⚠️ Government scrutiny: DOL, USCIS, and DHS may conduct audits or site visits to verify compliance.

How Denizen Helps

At Denizen Immigration, we manage every stage of the H-2B process — from prevailing wage to visa issuance — ensuring full compliance and helping employers avoid costly mistakes.

We also assist with: