Employers may bring diverse workers to the United States to work temporarily in non-agricultural jobs that may be intermittent, peak-load, seasonal, or one-time under the H 2B Visas program.
The maximum number of foreign employees that can be granted H 2B Visas status each USCIS fiscal year is 66,000. (October through September).
Who Qualifies For H 2B Visa?
The petitioner must prove the following for the H-2B nonimmigrant classification to be granted:
- There aren’t enough Americans available, willing, able, and qualified to perform the temporary labor.
- The pay and conditions for workers of comparably employed U.S. workers won’t be negatively impacted by hiring H-2B employees.
- Irrespective of whether the real job may be classified as transitory, it has a temporary requirement for the services or labor of the potential employee. If any of the following apply, the employer’s requirement is deemed temporary:
One-time Occurrence
A petitioner who alleges a one-time incident must provide evidence of the following:
- An employment position that is usually permanent but a momentary incident of brief duration has necessitated hiring a temporary worker.
- Neither workers provided the service or labor in the past, nor will they require workers to do so.
Seasonal Requirements
When requesting personnel for a seasonal requirement, the petitioner must demonstrate that the services or task is:
- Historically connected to a calendar period by a particular occurrence or pattern; and Recurring in nature.
- The following policies must be met to qualify as a seasonal need: Unpredictable; Subject to alteration; Regarded as a period of suspension for your full-time staff.
Peak Load Need
A petitioner who asserts a requirement for peak load must demonstrate that it:
- Regularly hires permanent staff to carry out the necessary duties at the workplace;
- Due to seasonal or temporary demand, the company’s permanent employees must be temporarily supplemented;
- The employer’s regular operations will not include the temporary staff augmentation.
Intermittent Requirements
A petitioner who asserts a sporadic need must demonstrate that it:
- Has not hired full-time, permanent employees to carry out the services;
- Temporary workers occasionally or irregularly need to complete tasks or provide services for brief periods.
How Long Can You Stay With an H2B Visa?
For as long as specified on the temporary work certification, USCIS will often give H-2B classification. For eligible work, the H-2B categorization may be extended for up to one year each. Each request for an extension shall be accompanied by a new, legitimate temporary labor certification spanning the requested time. The H-2B classification allows for stays of up to three years.
An individual with H-2B nonimmigrant registration for three years must leave the country and stay there for three months before applying for reinstatement as an H-2B nonresident. The entire H-2B time includes the last hours in many other H and L classes.
Conclusion
Employers may temporarily employ nonimmigrants for non-agricultural work or services in the U.S. under the H-2B nonimmigrant Visa. However, the job must be temporary and for a short time, such as a one-time event, seasonal demand, peak-load need, or intermittent need. In addition, according to the H-2B program, the employer must certify to the Labor Department that it will pay the H-2B nonresident worker a salary that is equal to or higher than the maximum wage rate, federal requirements minimum wage, applicable State min wage, or local min wage for the invasion in the location of intended employment for the duration of the authorized H-2B labor certification.
Further, since January 18, 2009, the Homeland Security Department has given The Wage and Hour Bureau enforcement authority to guarantee that H-2B workers are hired following H-2B labor certification criteria.
