The H-2B temporary work visa is reserved for jobs that do not require a higher education degree, and the employer needs workers seasonally, temporarily, intermittently or for a one-time project.  The applicant must be from an H-2B eligible country, have the right background for the job, and indicate an intent to return to their home country after the completion of the job.

USCIS requires a temporary Labor Certification from the Department of Labor (DOL) to approve the petition for a temporary work visa.  A Labor Certification certifies there are not enough U.S. workers able, willing, qualified and available to perform the work.  Additionally, employers must offer and be able to pay the prevailing wage and attest that employment of the non-U.S. worker will not adversely affect the wage and working conditions of U.S. workers similarly employed.

There is annual cap of H-2B visas issued each year, although some workers may not be subject to the limit.  The H-2B visa program is divided into two fiscal periods, with each fiscal period receiving one half of the annual cap.  Any unused visa from the first fiscal period may be carried over to the second fiscal period. 

H-2B visas are granted up to the period of time authorized on the Labor Certification (based on employer’s need) and may be extended in increments of one year up to three years total.  Individuals who have maxed out their H-2B are eligible to reapply after  remaining outside the U.S for a period of three months before seeking readmission. 

The spouse and minor children (unmarried children under age 21) of the H-2B applicant may receive authorization to stay in the U.S. as derivative beneficiaries of their spouse or parent attaining temporary employment visa status.