H-2B Visa

Q: Are there restrictions on which countries H-2B workers can come from?

No. As of Jan 17, 2025, the eligible countries list was eliminated.

What Is H-2B Visa?

The H-2B visa program allows U.S. employers to hire foreign nationals for temporary non-agricultural jobs when insufficient U.S. workers are available. It involves the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), and Customs and Border Protection (CBP).

The program balances employer needs with protections for U.S. workers, requiring labor market tests and competitive wages. High demand often necessitates supplemental visas beyond the statutory cap.

The employer's need must be temporary, fitting one of four USCIS categories :

One-Time Occurrence: A temporary event creates a need in an otherwise permanent situation, or the employer hasn't employed workers for this role before and won't in the future.
Seasonal Need: The work is tied to a recurring season.
Peakload Need: The employer needs temporary staff to supplement permanent workers during high demand.
Intermittent Need: The employer occasionally needs temporary workers for short periods but doesn't employ permanent staff for the role.

The job must also be full-time (at least 35 hours/week).

Who Can Apply H-2B?

Employer (Petitioner) Requirements

Worker (Beneficiary) Requirements

Elimination of H-2B Eligible Countries List: Effective January 17, 2025, the requirement for workers to be from specific designated countries was removed. Employers can now petition for eligible workers regardless of nationality.

H-2B Visa Length and Extensions

H-2B Visa Application Process

Step 1: Obtain Temporary Labor Certification (TLC) from DOL

a) Prevailing Wage Determination (PWD): Request from DOL’s NPWC (Form ETA-9141 via FLAG system) at least 60 days before needed.

b) Job Order & H-2B Application: 75-90 days before need, file a job order with the State Workforce Agency (SWA) and submit Form ETA-9142B to DOL’s NPC (via FLAG).

c) DOL Review: NPC reviews within 7 business days, issuing a Notice of Acceptance (NOA) or Notice of Deficiency (NOD).

d) U.S. Worker Recruitment: After NOA, conduct DOL-mandated recruitment (SWA posting, contacting former employees, etc.).

e) Recruitment Report & Final Determination: Submit a recruitment report to NPC. DOL issues the TLC or denies the application.

Step 2: File Petition with USCIS

File Form I-129 with USCIS, including the original TLC.
USCIS reviews the petition. Premium Processing (15-day action) is available for a fee.
USCIS issues an Approval Notice (Form I-797), Denial, or Request for Evidence (RFE).

Step 3: Visa Application & U.S. Entry (for workers abroad)

Worker applies for H-2B visa at a U.S. Embassy/Consulate (Form DS-160 online).
Pays fee and attends interview (unless waived), demonstrating nonimmigrant intent.
If approved, receives visa stamp.
Seeks admission at a U.S. port of entry with passport, visa, and supporting documents. CBP makes the final admission decision.

Questions? You’re covered.

What's the difference between H-1B and H-2B visas?

H-1B is for "specialty occupations" (usually requiring a Bachelor's degree) with longer stays (up to 6+ years) and dual intent (can pursue Green Card). H-2B is for temporary non-agricultural jobs (no specific degree needed), shorter stays (max 3 years continuous), and traditionally non-dual intent (though pursuing a Green Card is now less risky).