H2B Visa Requirements: How to Apply for Temporary Work in the U.S.

What is an H2B Visa?
The H2B visa is a non-immigrant visa that allows foreign nationals to work temporarily in the United States in non-agricultural roles. It is commonly used for seasonal or intermittent work in industries like hospitality, landscaping, construction, and tourism.

Table of Contents

Seasonal Need: The position must be temporary or seasonal, not exceeding 1 year.
No Local Workers Available: Employers must prove that there are insufficient U.S. workers to fill the role.
Adverse Impact: Hiring foreign workers should not negatively affect wages or working conditions of U.S. workers.

Offer of Employment: A valid job offer from a U.S. employer is required.
Temporary Nature: Must intend to work temporarily and return to the home country after employment.
No Unauthorized Presence: Applicants must not have overstayed or violated prior U.S. visas.

Employers must submit a Temporary Labor Certification application to the U.S. Department of Labor (DOL).
Prove the need for temporary workers and advertise the job locally to attract U.S. workers.

Once the certification is approved, employers file Form I-129 (Petition for Nonimmigrant Worker) with USCIS.

After USCIS approval, the worker applies for the visa at a U.S. embassy or consulate in their home country.

Workers must attend an interview, provide biometrics, and submit supporting documents.

Document	Purpose
Valid Passport	Proof of identity and nationality.
Form DS-160 Confirmation Page	Online non-immigrant visa application form.
USCIS Approval Notice	Evidence of approved I-129 petition.
Job Offer Letter	Details of employment in the U.S.
Proof of Ties to Home Country	Documents showing intent to return after employment.
Financial Evidence	Proof of ability to cover travel and initial expenses.

Annual Cap: 66,000 visas issued per fiscal year, split between:
- 33,000 for jobs starting between October 1 and March 31.
- 33,000 for jobs starting between April 1 and September 30.
Exemptions from the Cap: Returning workers may qualify for exemptions under specific circumstances.

Expense	Estimated Cost (USD)
DS-160 Visa Application Fee	190
SEVIS Fee (if applicable)	35
Travel and Medical Insurance	Varies
Recruitment Costs (Employer)	Advertising and legal fees

Initial Validity: Up to 1 year.
Extensions: Possible for increments of up to 1 year, with a maximum stay of 3 years.
Workers must leave the U.S. for at least 3 months before reapplying after reaching the 3-year limit.

Advantages	Limitations
Temporary work opportunities in the U.S.	Limited to specific jobs and industries.
Opportunity to return annually (if eligible)	Subject to annual cap restrictions.
Dependents (spouse and children) can join on H4 visa	Dependents cannot work in the U.S.

Can H2B visa holders change employers in the U.S.?
No, the visa is employer-specific. A new employer must file a petition if you wish to change jobs.
Can H2B visa holders bring their families?
Yes, dependents (spouse and children under 21) can apply for an H4 visa. However, they cannot work in the U.S.
How long does it take to process an H2B visa?
Processing times vary but typically range from 2 to 4 months, depending on the employer’s petition and embassy workload.
What happens if the visa cap is reached?
Workers may have to wait for the next fiscal year or apply for a job exempt from the cap.
Can an H2B visa lead to permanent residency?
The H2B visa is temporary and does not directly lead to a green card. However, a worker may explore other visa options while in the U.S.

Conclusion
The H2B visa offers a valuable opportunity for temporary non-agricultural workers to contribute to the U.S. economy. By understanding the eligibility criteria, application process, and requirements, both employers and workers can ensure a smooth experience in navigating this visa pathway.