The H-2B Visa Holder's Guidebook

What is the H-2B visa?

The H-2B visa is only intended for jobs that are temporary and is not a first step to permanent residence.

Before you can apply for an H-2B visa at the Consulate in your home country, U.S. employers must get a foreign labor certification from the United States Department of Labor and approved H-2B Petition from Citizenship and Immigration Services.

These Departments certify:

• That the specific employment need is temporary, tied to a seasonal business or one-time business need
• That there are not enough American workers in the local area to fill the available positions
• Type of work being offered is valid for H-2B visa
• Dates of need
• Wages offered

Without U.S. Government approval, a U.S. employer will not be able to sponsor H-2B workers.

Are you eligible?

As of January 18, 2011 nationals from 53 countries were eligible for the H-2B visa. This list is updated every year. To see if your country is listed please visit USCIS.

What types of jobs are appropriate on the H-2B visa?

H-2B visa holders mainly work in seasonal businesses related to the hospitality industry or in construction, where building projects require a one-time need.

Interested applicants should not expect to work in agriculture, childcare, medical care or domestic work. Acceptable job titles may include:

• Dining Room Attendant
• Food Preparation Worker
• Cook
• Housekeeper
• Recreation Attendant
• Front Desk Clerk
• Cashier
• Dishwasher

H-2B visa holders should expect to work in more remote, seasonal areas because U.S. employers must prove that their are not enough local American workers in the area of employment.

What is the timeline for the visa process?

USCIS issues H-2B visas every 6 months.

• For the summer season USCIS begins issuing visas on April 1
• For the winter season USCIS begins issuing visas on October 1

The H-2B visa process takes approximately 4-5 months to complete. It begins once a U.S. employer applies for the foreign labor certification.

• This can be no earlier than 120 days before the start date of employment.

How long can H-2B visa holders stay in the United States?

The H-2B visa is only valid for the dates approved by the U.S. Department of Labor on the foreign labor certification and USCIS. These dates will be listed on the H-2B visa sticker issed by the U.S. Consulate in your home country.

• In general, most visas are approved for periods of approximately 4-6 months - the full length of the employer's season.

H-2B visa holders may apply to extend their H-2B visas for the next season without leaving the United States.

• Many H-2B workers have summer and winter employers.
• H-2B visas may be incrementally extended up to a maximum of 3 years.
• After 3 years, H-2B visa holders must depart the United States and remain outside for an uninterrupted period of 3 months before applying for a new H-2B visa.

Conditions of employment

H-2B visa holders may only work for the employer listed on their visa and in the position certified by the U.S. Department of Labor.

H-2B workers may not get second jobs, switch employers without a new visa or work in multiple positions for the approved employer.

What is the H-2B visa cap?

The USCIS approves approximately 66,000 new H-2B visas per year (33,000 per season). If the cap is reached before USCIS approves your employer's petition, you will not be able to apply for the visa.

USCIS continually updates the cap count on its website.